If I file Bankruptcy without my spouse, can our creditors collect from the non-filing spouse?
When only one spouse filed for bankruptcy, the bankruptcy discharge will discharge both the filing spouse and the marital community properties. Community properties are generally property acquired during the time of marriage. Of course, there are always exceptions to the general rule. Creditors can still try to collect from the non-filing spouse usually by lawsuits and judgements. Creditors usually enforce judgements by wage garnishment, bank levy, and lien on real estate. In this case, creditors will enforce judgment on non-filing spouse by wage garnishment, bank levy, and lien on non-filing spouse’s separate property.
For details, call Muoi Chea Sacramento Bankruptcy Lawyer with Offices in Sacramento, Stockton, and Fairfield, California to serve the following California counties:
Alpine, Amador, Colusa, El Dorado, Mono, Nevada, Placer, Plumas, Sacramento, Sierra, Solano, Sutter, Yolo, Yuba, Calaveras, San Joaquin, Stanislaus, and Tuolumne;
and California cities:
Alpine, Amador, Ione, Jackson, Colusa, El Dorado, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, Sierra, Solano, Sutter, Yolo, Yuba City, Davis, Woodland, Elk Grove, Carmichael, Citrus Heights, Orangevale, Antelope, Fair Oaks, West Sacramento, Roseville, Rocklin, Rancho Cordova, Lincoln, North Highlands, Folsom, El Dorado, Fairfield, Vacaville, Benicia, Dixon, Vallejo, Winters, Calaveras, Lodi, Galt, Tracy, Stockton, Acampo, Manteca, Lathrop, Modesto, Ripon, Oakdale, Newman, Patterson, Sonora, Angels Camp, Arnold, and San Andreas.