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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38895
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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In a Bankruptcy proceeding in California,my wife was discharged

Customer Question

In a Bankruptcy proceeding in California,my wife was discharged and I was not, can the creditor garnish my wife's paycheck from a new employer and or her personal bank account, after the creditor enters his judgement and proceeds for collection? and can I give my wife half of my earnings without creditor attachment?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
Hello, If the debt for which your spouse was originally liable is discharged, then the creditor cannot garnish your spouse's or your wages or any pre or post bankruptcy petition community property, because all community property is part of the bankruptcy estate. Also, the creditor cannot proceed with a legal action on a discharged debt, unless the creditor can show that the debt is within one of the exceptions. You could ask the Superior Court to dismiss the case on grounds that the court no longer has subject matter jurisdiction to determine the outcome. Then it would be up to the creditor to prove that the debt falls within one of the bankruptcy exemptions that would permit the creditor to reach your post-bankruptcy assets or wages. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!