Community property is a system of how property which is acquired during a marriage is held by one or both spouses.
When does community property end in California? Is it at divorce or separation, and when exactly are two spouses (or future exes) separated?
It’s usually clear when a marriage and community property begin in California. That’s when people say, “I do.” But it can be much harder to tell when it ends.
Continue reading “Separation: When Exactly Does Community Property End in Calif”
Can the fraud of one spouse be imputed to an innocent spouse, thereby making the debt nondischargeable to both in a bankruptcy? Meet the Bartenwerfer family.
Continue reading “Innocent Spouse, Bankruptcy & Fraud: Bartenwerfer v Buckley Summary”
Someone recently asked, “Are wrongful death recovery proceeds community property in California?” The field of bankruptcy crosses over with so many other areas of law. The question stands at the intersection of bankruptcy law, California community property law, and tort law. But the answer to this wrongful death question is critical for bankruptcy lawyers and someone filing bankruptcy in California.
This might seem like a tiny point, but it’s really important whether a wrongful death claim or funds are community property or not. There are lots of twists and turns as to whether it affects the other spouse when only one spouse files bankruptcy.
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Can one spouse file bankruptcy without the other? In consultations, that’s one question I get asked a lot. When we’re married in California, everything is presumed to be joined and shared. So, can a married person claim a bankruptcy? The answer is, “Yes.”
Even though someone is married, they have every right to file bankruptcy without the other spouse. They have their own Social Security number and their own credit history. But just because you can do something doesn’t mean you should.
Continue reading “One Spouse Filing Bankruptcy: Everything You Need to Know”
Automatic stay is the bankruptcy protection when a new petition is filed with the court. It protects against starting or continuing any debt collection. It’s a powerful provision, and stops all collection activity, maintaining the status quo on the day the bankruptcy papers are filed. Failure to respect the bankruptcy protection can lead to sanctions against the collecting creditor.
Continue reading “All About the Automatic Stay, the Ultimate Bankruptcy Protection”