- My wife and I reside in California.
- My wife and I separated in June of 2011.
- Our divorce is pending.
- My wife filed for chapter 7
bankruptcy in May, 2012.
- Our home was abandoned by the bankruptcy trustee
- We sold our house in Nov, 2012.
- The money from the house sale is sitting in her attorney's trust.
- We incurred community debt during the marriage that she discharged in her bankruptcy.
- I did NOT want to discharge my obligations (the community debt).
- I want to use the proceeds from the sale of our house to pay our community debt.
- My wife's bankruptcy attorney is saying her discharge was a "community discharge"
and I shouldn't be allowed to pay off the community debts with the proceeds from the house sale.
My question is: was my part of the community debt automatically discharged because of my wife's bankruptcy, even though we were legally separated?
If not, could you point me in the right direction for any case law so I can back up my position.
Everything I have read about community discharge included married couples but I can't find any info about how legal separation impacts the community discharge rule.
thanks in advance