Community Discharge - California
Can anyone enlighten me on "Community Discharge" int the state of California? I am getting nowhere with my attorney and anytime I reach out to them it's another charge.
Here's some history. I am married, but I solely filed chapter 13 without my husband. This is due from advice from my attorney and because my husband's employer would have terminated him for filing. Many of the debts that were included in the plan were joint debts. Due to the stay neither of us were contacted by creditors during our five year plan. (I just made my last $3k payment this month.) At the time that I filed, my attorney told me that my husband wouldn't need to file because of California's "Community Discharge". We were not on a 100% plan, but all priority creditors were paid (HELOC and IRS), and approximately 7% was paid to those non secured creditors that submitted a claim.
Now my attorney's office is backtracking and telling me that my husband is NOT protected once we are discharged. (Actually the only person that will respond to me is an assistant in his office - if I want to talk to my attorney, it's more money above and beyond the almost $6k I have paid him already.) I was under the impression that community discharge, discharged both spouses in a chapter 13 as long as they stay married. I can't get a straight answer from them. They asked me if he had any debts that were his alone. I honestly can't remember, but it seem implausible that I could've included any debts that were in his name alone in a BK that was in my name only. In addition, if he did have debts in his name alone, we have not received any statements or any efforts of collections since I filed for BK. Why would a stay from my BK prevent creditors from collecting on accounts that are only in my husband’s name?
Can anyone clarify the following:
1. If one spouse files Chapter 13, would the non filing spouses' debts in their name alone be affected by the stay?
2. If one spouse files chapter 13 in the state of California and includes joint debts that were NOT 100% paid (but were priority claims), does the "community discharge" benefit the non filing spouse?
After clawing through the last five years, nursing old vehicles with over 200k and 100k miles, failing appliances, leaking roofs, and my husband work on average 6 days a week but usually 7, hospitalizations, etc. we are burnt out emotionally and physically. To hear that we are still on the hook for even more is too much too bear. I am really hoping for a light at the end of the tunnel.
Here's some history. I am married, but I solely filed chapter 13 without my husband. This is due from advice from my attorney and because my husband's employer would have terminated him for filing. Many of the debts that were included in the plan were joint debts. Due to the stay neither of us were contacted by creditors during our five year plan. (I just made my last $3k payment this month.) At the time that I filed, my attorney told me that my husband wouldn't need to file because of California's "Community Discharge". We were not on a 100% plan, but all priority creditors were paid (HELOC and IRS), and approximately 7% was paid to those non secured creditors that submitted a claim.
Now my attorney's office is backtracking and telling me that my husband is NOT protected once we are discharged. (Actually the only person that will respond to me is an assistant in his office - if I want to talk to my attorney, it's more money above and beyond the almost $6k I have paid him already.) I was under the impression that community discharge, discharged both spouses in a chapter 13 as long as they stay married. I can't get a straight answer from them. They asked me if he had any debts that were his alone. I honestly can't remember, but it seem implausible that I could've included any debts that were in his name alone in a BK that was in my name only. In addition, if he did have debts in his name alone, we have not received any statements or any efforts of collections since I filed for BK. Why would a stay from my BK prevent creditors from collecting on accounts that are only in my husband’s name?
Can anyone clarify the following:
1. If one spouse files Chapter 13, would the non filing spouses' debts in their name alone be affected by the stay?
2. If one spouse files chapter 13 in the state of California and includes joint debts that were NOT 100% paid (but were priority claims), does the "community discharge" benefit the non filing spouse?
After clawing through the last five years, nursing old vehicles with over 200k and 100k miles, failing appliances, leaking roofs, and my husband work on average 6 days a week but usually 7, hospitalizations, etc. we are burnt out emotionally and physically. To hear that we are still on the hook for even more is too much too bear. I am really hoping for a light at the end of the tunnel.
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