Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Filing Married/Separate in California. Community property confusion!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Filing Married/Separate in California. Community property confusion!

    Hello,
    I am married, live in California and need to file bankruptcy. My wife has perfect credit and we don't have any joint credit, therefor, we see no need for her to file with me. We will be buying a house in about 6 years and it's easier to rebuild only one credit file rather than both! Anyway...

    My wife has an auto loan that is in her name only that she bought while we were married. Do I need to include it in my bankruptcy petition or can I leave it out as if it doesn't even exist? I ask this because I also have an auto loan that I plan to reaffirm and continue paying the remaining 14 payments. I am worried that the judge won't let us reaffirm 2 auto loans. But I keep reading that community property must be listed regardless of whether or not my name is on her auto loan or not. This doesn't make sense! Then why do I have the option of filing BK Married/Separate??

    Finally, should I not even worry about reaffirmation? We CANNOT risk repossession! We need both cars and have no savings to go out and buy a cheap econo, used car or two! Like I said, I owe 14 more payments and my wife about 26 payments. On the means test, there is enough money to pay both auto loans and still have a hundred or so leftover each month.

    Please, any help is appreciated.

    Regards,
    John

  • #2
    You really need to discuss this with a qualified attny since your understanding of community property is lacking.

    The vehicle that is in your wife's name is your vehicle and MUST be listed on Schedule B. The vehicle loan that is in your wife's name is your loan and MUST be listed on Schedule D. Every credit card used by your wife from the day you got married is your credit card debt and must be listed. Every loan, medical bill and any other obligation (with very few exceptions) incurred by your wife from the day you got married forward is your debt and must be listed. Every trinket (including that non-existent diamond necklace or Picaso painting) she purchased from the day you got married (with very few exceptions) belongs to you and must be listed. All bank accounts just in her name must be listed. I assume you get the picture.

    As to reaffirming the vehicle, since you did not sign for your wife's auto a reaffirmation agreement will not be generated by the lender. Your vehicle is another story. If the lender requires it, you will have to enter into the agreement. Such does not mean that a judge will approve it. In my district judges routinely say "no" and so long as the debtor remains current and the vehicle is insured the lender is stuck.

    Get an attorney.

    Des.

    Comment


    • #3
      Thanks for the reply. I understand about community property now; just list it all! Haha

      However, if I'm listing all of my wife's debt, won't this negatively affect her credit? And if her credit will be negatively affected, isn't it better to just have her file with me then?

      With regards to reaffirmation, I keep reading mixed opinions (or experiences) on that. A lot of folks are telling me "DON'T REAFFIRM! That as long as I make my payments and I'm insured, the banks or credit unions won't repossess!" Other people say my vehicles will be repoed even if I make my payments.

      Comment


      • #4
        Here is the problem with your wife not filing. . .

        You will obtain a discharge as it relates to your "sole & separate" liability.

        You will obtain a discharge as it relates to the liability of the "marital community".

        Your wife will not be protected should the marital community end (divorce, death) since she will remain liable based upon her "sole & separate" responsibility.

        Further, while community property will be protected by the community discharge, your wife can still be sued. A creditor cannot collect on the judgment if she has no sole & separate property. However, if she obtains any non exempt sole & separate property (inheritance as an example) during the course of the marriage there will be a way to collect.

        I rarely advise marital couples not to file jointly. IMO a wish to keep a credit report looking "good" is not a reason not to file due to the ramifications of leaving one spouse potentially exposed.

        I cannot comment on how or if her not filing will impact her report as I simply do not know.

        As to reaffirming, under 9th Circuit law, there is no "ride-through" for personal property. This is why judges have found ways around the issue. Read this. . .

        https://www.courtlistener.com/opinio...n-re-moustafi/

        If the link does not work, Google In re Moustafi, 371 B.R. 434 (Bankr. D. Ariz. 2007). It will give you some insight into the issue.

        Des.

        Comment

        Unconfigured Ad Widget

        Collapse
        Working...
        X