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Creditor obtained state court judgment against Husband for $100K, based on fraud (obtaining $ by false pretenses).
Husband files Chap 7.
Creditor files Adversary Proceeding, obtains judgment from BK court that state court judgment is non-dischargeable in this or in any other bankruptcy proceeding filed by or against Debtor or affecting his community property.
Neither state court judgment nor the Adversary Proceeding names Wife.
Now, Creditor is garnishing Wifes wages, presumably because her wages are part of Husbands community property.
Question: Can Wife file a Chapter 7 to stop wage garnishment, and prevent it in the future?
My initial thought is no, Wife cant discharge the debt because she doesnt owe the debt " and her future wages will continue to be part of the husbands community property. Any other thoughts?
Doug Crowder
350 S. Figueroa Street, Suite 190
Los Angeles, CA 90071
213-325-3040

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