Community Discharge
Posted: Tue Feb 19, 2013 11:08 am
Dennis McGoldrick wrote a nice article on this issue. It is in our newletter, issue 3, that you can get on the cdcbaa website. Jon
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> SOL is irrelevant as to the community discharge. Community discharge does not prevent prepetition creditor of nonfiling spouse from obtaining judgment against nonfiling spouse. It merely prevents pursuit of community assets by the judgment creditor.
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> Mark Jessee
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> Sent from my iPhone
>
> On Feb 13, 2013, at 1:29 PM, Jay Fleischman wrote:
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> > That's my read of it as well. The problem is if the community terminates during the SOL for the debt. Then you've got other issues.
> >
> >
> > On Fri, Feb 1, 2013 at 5:18 PM, PHiLiP E. KOeBeL, Esq. wrote:
> >>
> >>
> >> what's a good case to read to understand how the community discharge works for married partners?
> >>
> >> it seems that "allowable community claim" of 524(a)(3) should correspond directly with Cal. Fam. Code 910 - "community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt."
> >>
> >> is that correct?
> >>
> >>
> >> On Fri, Feb 1, 2013 at 4:55 PM, wrote:
> >>>
> >>> Larry:
> >>> I have not tested, but no reference to spouses in statute, only to characterization of property,i.e. CP, which is determined by state law. As such I don't see any problem. PG
> >>>
> >>> Sent from my Verizon Wireless BlackBerry
> >>> Sender: cdcbaa@yahoogroups.com
> >>> Date: Fri, 1 Feb 2013 16:45:43 -0800
> >>> To:
> >>> ReplyTo: cdcbaa@yahoogroups.com
> >>> Subject: [cdcbaa] Community Discharge
> >>>
> >>>
> >>> Has anyone tested 524(a)(3) the community discharge injunction as to California registered partners? In Re Kimmel discusses 524(a)(3) as to spouses; and Kimmel predates the domestic partnership act.
> >>>
> >>>
> >>>
> >>> Best Regards
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> Larry Webb
> >>>
> >>> Law Office of Larry Webb
> >>>
> >>> 484 Mobil Ste 43
> >>>
> >>> Camarillo, Ca 93010
> >>>
> >>> 805-987-1400
> >>>
> >>> Email Webblaw@...
> >>>
> >
> >
>
The post was migrated from Yahoo.