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4 years 8 months ago

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Stories of Warren Sapp’s bankruptcy filing has been all over the news lately. It’s hard to imagine he’d find himself in such a predicament. After all, he’s a pro-bowler with at least $40 million in career NFL earnings. He has a good job as a very entertaining television analyst which has led to other money making endeavors, such as Dancing with the Stars.
Unfortunately, Warren Sapp is just the most recent of a long line of NFL players who have gone broke after their NFL career. According to a 2009 Sports Illustrated article, 78 percent of NFL players go broke 3 years after their playing careers end. Which is especially bad news because the average career of an NFL players is only 3.5 years.

Why does it happen? First off, only a very few will ever make the same money they made during their career. And while they are making the big bucks, they get sucked into bad investments, pursued by freeloaders and an entourage looking for handouts, and are barraged with bad advice from people they think they can trust. Add to that, football has taken a big toll on their bodies so medical problems start arising. Plus, they are young kids who suddenly have the money of their dreams and what they’ve worked for years. Of course they’ll want to show-off a bit and live the life of movie stars.
So, to the NFL Class of 2012 (or to anyone else who has suddenly come into large amounts of money), here’s what to remember:
1) Plan for the Worst. Celebrate now. You deserve it. But, your earning and your career depend on many things all working together for a number of years, including your health, your skills, the offense or defense your team runs, your coach, hungry rookies and free agents in coming years, and countless other events that may be beyond your control. Even in a short career, you may make more money than most Americans make over their lifetimes. Spend some now, treat yourself but don’t continue to overspend. But plan to make the most of it rest last your life.
2) Your Agent Shouldn’t Advise You on Your Money. Agents should never be your source for financial advice. It’s not their expertise. They are great at what they do- negotiating your deal. But, just as you don’t want a DT kicking field goals, you need an outside person to handle your money (preferably not a family member or a friend unless that was their business before you signed your contract). Too many financial disasters are the result of bad advice from agents who get in over their heads.
3) No Private Investment or Real Estate Deals. You are now a target of people looking for easy money, These people are smooth talkers and put on a good show telling you about guaranteed profits in real estate and investments. But, remember no one is going to give you money just because of who you are or what team you play for- they want your money. They’ll use your money to pay themselves a good commission and could care less whether the deal is real or one that will pay off (if the deal was even real in the first place). Even when your friends come to you with deals, be skeptical about who contacted them. Stay away from private investment and real estate deals. Too many things can go wrong, business deals are not your expertise- just ask John Elway (lost $3million to a hedge-fund manager who was arrested on charges that he ran a Ponzi scheme), Mark Brunell (filed bankruptcy after failed business ventures, including 12 Whataburger restaurants), or Deuce McAllister (lost bigtime in car dealership.
4) USE PROTECTION. Child Support payments continue until the child grows up.  You’re old enough now to know that you are on the hook for an unplanned pregnancy, not matter what is said in the heat of the moment.  The major reason behind the financial problems of Warren Sapp, Chris McAlister, Travis Henry and many others are the child support payments. These payments are often valued at the height of a playing career and can be $5000 to $10000 a month. And, guess what, you have to keep making these payments for over 20 years. Warren Sapp is over $728,000 behind in child support payment and is required to pay about $75,000 a month. Bankruptcy won’t help him with those payments either.
5) It Can Happen to You. You’ve been a star your whole life. You know deep inside that you will continue to be a star and your career will continue until you’re 40 so money will never be a problem. I hope that’s the case. Then, you won’t have to worry. But, still, don’t you think that a little prior proper preparation is worthwhile- just in case.
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4 years 8 months ago

There comes a time in every case when the bankruptcy lawyer needs to shut up and sit down, especially if the lawyer is not absolutely certain what the response of the witness will be.  The following is funny as well as a perfect example of how a case can be lost because of one last question that a lawyer in Bankruptcy Court felt compelled to ask.bankruptcy attorney, bankruptcy lawyer, El Paso bankruptcy lawyer, El Paso bankruptcy attorney
I had filed a Chapter 11 bankruptcy for a neurosurgeon.  This particular doctor marched to his own drummer and handled his practice differently than most physicians.  For example, he did not use a billing service but rather handled his own billing and was not particularly aggressive in collecting his fees.  In fact,  he handled most of his practice in an informal and relaxed manner.  The foregoing facts caused one of his major creditors a great deal of concern. This creditor believed the doctor’s income would be dramatically increased if the business end of his practice were handled in a more business like fashion.  This creditor as a result hired an attorney for the purpose of urging the Judge to appoint a Chapter 11 Trustee to run the business end of the neurosurgeon's practice.
At the Hearing to have a Trustee appointed, the attorney for the creditor aggressively questioned the Doctor about his methods of handling his business records, collections and a whole host of related questions.  After nearly four hours the creditor’s lawyer concluded his questioning, but as he was returning to his seat he turned back to the Doctor and said he had one more question, “Doctor, you do not even get basic information from your patient when you first see him/her, isn’t that true? The Doctor's response was both brilliant and funny.  So funny that the Bankruptcy Judge and everyone sitting in the courtroom laughed.  The Doctor's response was:
”I doubt that you understand how my practice works or you wouldn't have asked this question.  The fact is the majority of my patients are unconscious when I first see them and it would be impossible for me to ask them anything at all."
Needless to say the Bankruptcy Judge denied the Motion to have a Trustee appointed.
 


4 years 8 months ago

What are the qualifications for an individual/couple to file for Bankruptcy?  The answer to this question is simple  -- there are no qualifications for filing Bankruptcy.  Everyone has the right to file a petition for relief under the Bankruptcy Code.  All one has to do is file a Petition for Relief with the Bankruptcy Court.  What type of bankruptcy an individual/couple can file does have certain qualifications.  describe the imageFor most of us, the choice is between filing a Chapter 7 bankruptcy in which one requests relief in the form of debt forgiveness of most of his/her debts or Chapter 13 bankruptcy in which one agrees to pay all or a portion of one’s debts over a period that varies between 3 to 5 years with certain exceptions such as your home mortgage.  How much gets paid back depends on how much “disposal income” a person has.  In general, this means how much money you have left over after paying your monthly expenses without considering the debts to be included in the Bankruptcy.
 In 2005, the Bankruptcy Code amended one of the major features of which was to require a person to meet an income and expense test in order to qualify for Chapter 7.  This test is known as the “Means Test”.  Certain classes of people are exempt from the Means Test such as if a person’s debts are more than 50% business related and certain types of income are excluded such as social security income.  If you do not qualify under the Means Test to file a Chapter 7 then you have the option of filing a Chapter 13.  If you qualify under the Means Test then you can file a Chapter 7 or a Chapter 13.  The Means Test is divided into two (2) distinct parts.  The first part is based strictly on  gross income for the six (6) months preceding the filing of a Bankruptcy case.  How much gross income allowed is dependent upon what state the person lives in and the size of the family unit.  If one exceeds the gross income test then the second part of the test comes into play which takes into consideration certain deductions, some of which are standardized and some of which are variable.  For example, housing.  If one rents then a deduction for housing is standardized based upon the county in which a person resides. If you own a home a deduction is allowed for the full mortgage payment including escrow for insurance and taxes.  There are standardized deductions for food and a variable deduction allowed for contributions to one’s church.  At the end of the second part of the test a determination is made as to whether a person has sufficient disposable income to pay a percentage of unsecured debts to creditors.
 In general, anyone can file Bankruptcy but must meet certain qualifications to file Chapter 7.  There are other types of bankruptcy that addresses certain specific situations such as chapter 12 which deals with farmers that are experiencing financial difficulty, Chapter 11 for businesses and  individuals with special problems.  For most of us, the choice is between Chapter 7 and Chapter 13 of the Bankruptcy Code.


4 years 8 months ago


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California has three separate statutory provisions that prohibit a lender from obtaining a deficiency judgment after foreclosure.  These provision are found at Cal. Civ. Proc. § 580b, Cal. Civ. Proc. § 580d in conjunction with Cal. Civ. Proc. § 726(a), and after July 15th, 2011, Cal. Civ. Proc. § 580e.  A deficiency is simply the loss that a lender sustains after the property is foreclosed.  The deficiency is measured by the difference between what is owed on the loan and what the bank collected from selling the property after foreclosure. A deficiency judgment after foreclosure may result in a wage garnishment, bank account levy, and a judgment lien against other property owned by the borrower.  Because of the seriousness of a deficiency judgment sound legal advice should be sought out whenever foreclosure appears imminent.
If a borrower is facing an imminent foreclosure or has already had a property foreclosed and one of the California statutory provisions to be discussed below is not helpful a bankruptcy discharge may be the only means of averting the negative consequences of a deficiency judgment. In reviewing options with a client as a bankruptcy attorney, I always start with non-bankruptcy law.  With that in mind I summarize the non-bankruptcy protections found in the California anti-deficiency provisions.
The first statutory provision that may protect a borrower from a deficiency is Cal. Civ. Proc. § 580b. Cal. Civ. Proc. § 580b protects a borrower from a deficiency after foreclosure where the property is occupied by the borrower as a personal residence and where the money borrowed from the lender was used for the purchase of the property.  This provision does not protect a borrower where the property is not a dwelling occupied by the borrower or where the loan was not part of the financing used to buy the property.  Specifically this provision does not protect a borrower if the loan was a refinance loan or an equity line of credit.
The specific language of  Cal. Civ. Proc. § 580b reads as follows: “[n]o deficiency judgment shall lie in any event after a sale of real property or an estate for years therein for failure of the purchaser to complete his or her contract of sale, or under a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price of that real property or estate for years therein, or under a deed of trust or mortgage on a dwelling for not more than four families given to a lender to secure repayment of a loan which was in fact used to pay all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser. 
The second statutory provision that may protect a borrower from a deficiency is Cal. Civ. Proc. § 580d. Cal. Civ. Proc. § 580d in conjunction with Cal. Civ. Proc. § 726(a) is often referred to as the “Single Action Rule.”  Basically what this means is if a lender non-judicially forecloses on the property (power of trust deed sale) they may not later seek a deficiency.  Practically speaking this means that in over 99% of foreclosures by a senior lienholder (the holder of the first Trust Deed) the senior lienholder will not be able to collect a deficiency.  However, note in rare cases where the property has very little value or no value and or if the borrower has independently very deep pockets the lender may choose judicial foreclosure and after the foreclosed property is sold obtain a money judgment for the balance of the loan.   One of the reasons that judicial foreclosure is rare in California is that it can take the lender much longer to ultimately foreclose on the property.
Another problem with the “Single Action Rule” is that it does not protect the borrower from being sued by a junior lienholder who either waives their right to foreclosure or sues after the property is foreclosed by the senior lienholder. Very frequently, a borrower will wind up owing a deficiency to a junior lienholder after the senior forecloses where the junior lien arose out of a home equity line of credit or from a refinance that included a second.  The term that is often associated with this a “deficiency from a sold out junior lienholder.” However where there is a “sold out junior lienholder” there is case law that may still prohibit them from collecting on the deficiency.  One California appellate case holds if the senior lienholder and the junior lienholder are one in the same than the foreclosure by the senior lienholder precludes the collection of a deficiency by the junior. The junior lienholder is deemed to have sold itself out and elected its sole remedy on CCP 726(a). Simon vs. Superior Court, 4 Cal.App.4th 63, 5 Cal.Rptr.2d 428 (1992).  Taking this one step further the California Court of Appeal recently held that where the senior and junior are owned by the same bank that an assignment to another lender of the junior after foreclosure does not allow the assignee to collect a deficiency.  Bank of America vs. Mitchell, 2012 Westlaw 1177866 Cal.App.  However the lender may circumvent the Simon and Bank of America vs. Mitchell results by assigning the junior trust deed prior to foreclosing on the senior trust deed.  National Enterprises, Inc. v. Woods, 94 Cal.App.4th 1217, 115 Cal.Rptr.2d 37 (2001).
The last statutory provision that may protect a borrower from a deficiency is Cal. Civ. Proc. § 580e. Cal. Civ. Proc. § 580e only became effective July 15th, 2011.  The provision expands anti-deficiency protection to all mortgages or deeds of trust if all lenders agree to a short sale.  A short sale occurs when the lender allows homeowners to sell their property for less than the amount owed to the lender. Although the lender receives less than the full value of the loan in a short sale, the lender avoids the costs of both the foreclosure and resulting expenses of a property which would end up with the lender. All lenders still have to agree to a short sale process. The law also makes clear that the protections do not apply to commercial loans with multiple security which includes a security interest in residential property.
As discussed earlier consulting with bankruptcy counsel early on may allow a distressed borrower to explore the greatest number of available options.  Bankruptcy may be used not only to avert the negative consequences of a deficiency judgment but a Chapter 13 may sometimes be also be used proactively to get caught up on defaulted payments or to avoid/ strip a wholly unsecured junior lien from the property altogether.  Please feel free to contact my office for assistance


2 years 10 months ago

California has three separate statutory provisions that prohibit a lender from obtaining a deficiency judgment after foreclosure.  These provision are found at Cal. Civ. Proc. § 580b, Cal. Civ. Proc. § 580d in conjunction with Cal. Civ. Proc. § 726(a), and after July 15th, 2011, Cal. Civ. Proc. § 580e.  A deficiency is simply the loss that a lender sustains after the property is foreclosed.  The deficiency is measured by the difference between what is owed on the loan and what the bank collected from selling the property after foreclosure. A deficiency judgment after foreclosure may result in a wage garnishment, bank account levy, and a judgment lien against other property owned by the borrower.  Because of the seriousness of a deficiency judgment sound legal advice should be sought out whenever foreclosure appears imminent.
If a borrower is facing an imminent foreclosure or has already had a property foreclosed and one of the California statutory provisions to be discussed below is not helpful a bankruptcy discharge may be the only means of averting the negative consequences of a deficiency judgment. In reviewing options with a client as a bankruptcy attorney, I always start with non-bankruptcy law.  With that in mind I summarize the non-bankruptcy protections found in the California anti-deficiency provisions.
The first statutory provision that may protect a borrower from a deficiency is Cal. Civ. Proc. § 580b. Cal. Civ. Proc. § 580b protects a borrower from a deficiency after foreclosure where the property is occupied by the borrower as a personal residence and where the money borrowed from the lender was used for the purchase of the property.  This provision does not protect a borrower where the property is not a dwelling occupied by the borrower or where the loan was not part of the financing used to buy the property.  Specifically this provision does not protect a borrower if the loan was a refinance loan or an equity line of credit.
The specific language of  Cal. Civ. Proc. § 580b reads as follows: “[n]o deficiency judgment shall lie in any event after a sale of real property or an estate for years therein for failure of the purchaser to complete his or her contract of sale, or under a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price of that real property or estate for years therein, or under a deed of trust or mortgage on a dwelling for not more than four families given to a lender to secure repayment of a loan which was in fact used to pay all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser. 
The second statutory provision that may protect a borrower from a deficiency is Cal. Civ. Proc. § 580d. Cal. Civ. Proc. § 580d in conjunction with Cal. Civ. Proc. § 726(a) is often referred to as the “Single Action Rule.”  Basically what this means is if a lender non-judicially forecloses on the property (power of trust deed sale) they may not later seek a deficiency.  Practically speaking this means that in over 99% of foreclosures by a senior lienholder (the holder of the first Trust Deed) the senior lienholder will not be able to collect a deficiency.  However, note in rare cases where the property has very little value or no value and or if the borrower has independently very deep pockets the lender may choose judicial foreclosure and after the foreclosed property is sold obtain a money judgment for the balance of the loan.   One of the reasons that judicial foreclosure is rare in California is that it can take the lender much longer to ultimately foreclose on the property.
Another problem with the “Single Action Rule” is that it does not protect the borrower from being sued by a junior lienholder who either waives their right to foreclosure or sues after the property is foreclosed by the senior lienholder. Very frequently, a borrower will wind up owing a deficiency to a junior lienholder after the senior forecloses where the junior lien arose out of a home equity line of credit or from a refinance that included a second.  The term that is often associated with this a “deficiency from a sold out junior lienholder.” However where there is a “sold out junior lienholder” there is case law that may still prohibit them from collecting on the deficiency.  One California appellate case holds if the senior lienholder and the junior lienholder are one in the same than the foreclosure by the senior lienholder precludes the collection of a deficiency by the junior. The junior lienholder is deemed to have sold itself out and elected its sole remedy on CCP 726(a). Simon vs. Superior Court, 4 Cal.App.4th 63, 5 Cal.Rptr.2d 428 (1992).  Taking this one step further the California Court of Appeal recently held that where the senior and junior are owned by the same bank that an assignment to another lender of the junior after foreclosure does not allow the assignee to collect a deficiency.  Bank of America vs. Mitchell, 2012 Westlaw 1177866 Cal.App.  However the lender may circumvent the Simon and Bank of America vs. Mitchell results by assigning the junior trust deed prior to foreclosing on the senior trust deed.  National Enterprises, Inc. v. Woods, 94 Cal.App.4th 1217, 115 Cal.Rptr.2d 37 (2001).
The last statutory provision that may protect a borrower from a deficiency is Cal. Civ. Proc. § 580e. Cal. Civ. Proc. § 580e only became effective July 15th, 2011.  The provision expands anti-deficiency protection to all mortgages or deeds of trust if all lenders agree to a short sale.  A short sale occurs when the lender allows homeowners to sell their property for less than the amount owed to the lender. Although the lender receives less than the full value of the loan in a short sale, the lender avoids the costs of both the foreclosure and resulting expenses of a property which would end up with the lender. All lenders still have to agree to a short sale process. The law also makes clear that the protections do not apply to commercial loans with multiple security which includes a security interest in residential property.
As discussed earlier consulting with bankruptcy counsel early on may allow a distressed borrower to explore the greatest number of available options.  Bankruptcy may be used not only to avert the negative consequences of a deficiency judgment but a Chapter 13 may sometimes be also be used proactively to get caught up on defaulted payments or to avoid/ strip a wholly unsecured junior lien from the property altogether.  Please feel free to contact my office for assistance


4 years 8 months ago

Pro se legal representation: Means advocating on one's own behalf before a Court.
pro se, legal fees, bankruptcy, bankruptcy lawyer, bankruptcy attorney
Recently, I have encountered a good number of individuals who decided they could file their Bankruptcy case on their own. It obviously seems like a pretty simple task, since at first glance the documents look like forms that you can just fill out. Unfortunately for these individuals, they are hit with reality when the Bankruptcy Court or the Trustee are requesting additional documents, Financial Management Course Certificates, Declaration Pages, and many other things that are very unlikely to make sense to someone who has not been through the process before or who does not work within the legal field. Filing your case Pro Se can put you in harm's way because if your case gets dismissed and you file a second time you will be faced with even more obstacles.
Individuals must be cautious of bankruptcy preparers and understand that these companies will not provide you with legal representation. It is important when considering bankruptcy you keep in mind that it is a legal proceeding in Federal Court which requires attention and knowledge.
I understand why some people choose to file their bankruptcy without legal representation.  Legal representation costs money and if money wasn't an issue bankruptcy would not be a consideration.  Is this really how you want to cut costs? Bankruptcy should be a solution to your problems not a problem in it of itself.


4 years 8 months ago

So you are a beneficiary of a recovable living trust.   You need to file bankruptcy.   Can you?   Well, it depends.   As long as you are not the settlor and the settlor lives through your bankruptcy, your beneficiary interest is contingent, meaning it doesn’t come into your bankruptcy as property of the estate.   That’s because if the settlor is still alive, that person can always amend the terms of the trust and exclude you as a beneficiary.
Imagine if you filed a chapter 7 bankruptcy, which typically lasts between 4-6 months.   During the course the chapter 7 trustee wanted to pull your contingent interest as a beneficiary into the bankruptcy estate.  Well, the settlor would more than likely just change the terms of the trust and write you out immediately as a beneficiary.  The chapter 7 trustee would be out of luck.   The settlor did not engage in fraud in writing you out of the trust; there is nothing improper in doing so.   However if the settlor was deceased or became deceased during the course of your bankruptcy, the beneficiary interest is no longer contingent and might become part of the bankruptcy estate where applicable.
 


4 years 8 months ago

By: Ceara L. Riggs, Bankruptcy Attorney in St. Petersburg, Florida at The Reissman Law Group, P.A.
The question I am probably asked the most is, “How long will I get to stay in my house?” It depends. Looking for a more definite answer? Chances are, any lawyer that wants to keep their Bar Card and Number will give you the same answer.
And as frustrating as that answer probably is, it’s the reality of the situation. So you want numbers, here’s the numbers:

  • Day 1 – a foreclosure complaint is filed by the bank (which probably means you’ve missed at least 2-3 payments already, if not more). Enjoy how definite that number is because after day 1, everything “depends.”
  • Some point after that – you’re going to be served with notice that the bank has filed a foreclosure suit against you. So, as you can see, the contingencies start early.
  • 20 days after you’re served – you better have filed an answer to the bank’s complaint, otherwise the process moves ALOT faster and you’re likely to have significantly less time in your house.
  • Sometime after you are served – there could be a Motion for Summary Judgment, there could be Interrogatories, Admissions, and/or Depositions, there could a case management conference, there could be a trial and there is no rhyme, reason or rule as to if any of these things occur or when they will occur if they do happen
  • 860 days after day 1 – Approximately. If you have not reached a modification or agreement with your bank, your house will be sold at a foreclosure sale. But, of course, this is an average too.

Sparknotes version: it takes, on average, 861 days (or, more than 2 years), to foreclose on a property in Florida.  Think about that. That means, every day, somewhere in Florida, a homeowner has stopped making payments on his or her house and then, at some point after that person stopped making payments, essentially nothing happened for about 861 days. Want to stay in your house? Want to find a new place? Want to rent out the place and have a new source of income? Maybe you just want to give raccoons and other critters a safe haven from the snowbirds on our roads?

Give us a call. Let us discuss your situation and where you fall on the “it depends” timeline. For a free evaluation of your situation and to see how we can help you stay in your house, contact The Reissman Law Group, P.A. today.


3 years 1 week ago

By: Ceara L. Riggs, Bankruptcy Attorney in St. Petersburg, Florida at The Reissman Law Group, P.A.
The question I am probably asked the most is, “How long will I get to stay in my house?” It depends. Looking for a more definite answer? Chances are, any lawyer that wants to keep their Bar Card and Number will give you the same answer.
And as frustrating as that answer probably is, it’s the reality of the situation. So you want numbers, here’s the numbers:

  • Day 1 – a foreclosure complaint is filed by the bank (which probably means you’ve missed at least 2-3 payments already, if not more). Enjoy how definite that number is because after day 1, everything “depends.”
  • Some point after that – you’re going to be served with notice that the bank has filed a foreclosure suit against you. So, as you can see, the contingencies start early.
  • 20 days after you’re served – you better have filed an answer to the bank’s complaint, otherwise the process moves ALOT faster and you’re likely to have significantly less time in your house.
  • Sometime after you are served – there could be a Motion for Summary Judgment, there could be Interrogatories, Admissions, and/or Depositions, there could a case management conference, there could be a trial and there is no rhyme, reason or rule as to if any of these things occur or when they will occur if they do happen
  • 860 days after day 1 – Approximately. If you have not reached a modification or agreement with your bank, your house will be sold at a foreclosure sale. But, of course, this is an average too.

Sparknotes version: it takes, on average, 861 days (or, more than 2 years), to foreclose on a property in Florida.  Think about that. That means, every day, somewhere in Florida, a homeowner has stopped making payments on his or her house and then, at some point after that person stopped making payments, essentially nothing happened for about 861 days. Want to stay in your house? Want to find a new place? Want to rent out the place and have a new source of income? Maybe you just want to give raccoons and other critters a safe haven from the snowbirds on our roads?

Give us a call. Let us discuss your situation and where you fall on the “it depends” timeline. For a free evaluation of your situation and to see how we can help you stay in your house, contact The Reissman Law Group, P.A. today.
The post 861 Days to Foreclosure appeared first on St. Petersburg Law Blog.


4 years 8 months ago

couple filing bankruptcy, bankruptcy, file bankruptcy, filing bankruptcySeveral times a week I get a client who is married but not interested in filing for Bankruptcy along with their spouse. There are many reasons for this. The most common reason being clients often keep their finances completely separate from their spouse.  Here in Texas we are a community property state.  This means any sort of asset would be considered community property as well as any liability that may arise from your spouse’s debt. When an asset is community property both parties involved in the marriage have an interest in that asset. This concept also applies to debts. In other words, if during the duration of a marriage one spouse acquires debt that does not include the name of the other spouse this debt is still considered a community debt, and the non signing spouse can still be held liable for the debt at a later time. In circumstances when only one spouse files and the other spouse decides not to file, there have been multiple occasions where the non-filing spouse has been served with a lawsuit due to a bad debt that was discharged in their spouse's bankruptcy. When filing for Bankruptcy you're aiming for a fresh start and by leaving the back door open the nightmare of harassing creditors may come back to haunt you.


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