When one spouse filed for bankruptcy, whether it is Chapter 7 or 13 Bankruptcy, the community property of both spouses become property of the bankruptcy estate. Under 11 U.S.C. 523(a)(3), the bankruptcy discharge would protect community property acquired by either spouses postpetition (the date after filing) from prepetition community creditors.
Any community debt that is nondischargeable is enforceable against postpetition community property.
11 U.S.C. 523(a)(3) discharge applies only to postpetition community property so it does not protect separate property of nonfiling spouse or property acquired after divorce or separation by nonfiling spouse.
Of course, there is always a fraud exception to discharge. For example, one spouse transferred community property fraudulently to nonfiling spouse to avoid inclusion of bankruptcy estate.
Of course, this website is not meant to take the place of a consultation with an experienced bankruptcy attorney. You may schedule a consultation with Muoi Chea bankruptcy attorney serving Sacramento, Stockton, Fairfield, CA area and nearby cities and counties in Northern and Central California.