Interestiong phone call from a collector.

[optimistic1]

Well all of those complexities that you just explained had nothing to do with what I stated.

I am saying that in a "simple" cut and dry Chapter 7, with marital debt, under most circumstances, a discharge protects the non-filing spouse. And yes you are correct, I will at least give that to you, that up until that time, they could come after me, but the funny thing about the phone call, was that they didn't. Yes its probably someone who doesn't even know the laws and eventually they would, but still.

Of course they can sue an ex spouse for marital debt.

Judges wont need to decide about creditors trying to sue a non-filing spouse after a community discharge. Its discharged, too late, they would lose.

Pre-marital debt, even if we are married, I am not responsible for. That is incorrect. A creditor trying to sue based on that premise would be wasting there time.

And the notion that if my name is not listed on the petition, may still have creditors "trying" to collect from me. But, I am equally discharged of the community debt incurred during the marriage. A simple letter would stop them from seeking litigation, and even if they did, they would lose.

[optimistic1]

You still dont understand the community property laws. Again this discussion is about MARITAL DEBT

You need to understand, I have been asking these types of questions to well established practicing attorneys here in Arizona, all of them are on the same page.

THERE IS NO INDIVIDUAL IF YOU ARE MARRIED, THERE IS ONLY ONE ENTITY, THE COMMUNITY!

So regardless of whose name is on the account, if its individual or joint, it is still community debt.

IF ONE FILES FOR BK IT IS A COMMUNITY BK AND THUS, A COMMUNITY DISCHARGE!

Yes indeed they can collect from seperate property.

But, if you are married, all of your property is community.

Including your wages after the petition.

Thus, what are they going to collect?

NOTHING!

Unless I owned property like a vacation home in the Bahamas or a really nice boat, before we were married.

But if your case is a simple cut and dry case, and you incurred the debt during the marriage.

They HAVE NO CASE!!!!!

Right. I read a lot of Cathy Moran's stuff when I was trying to sort out the impact of filing. That is how I learned my bk would protect both of us going forward. Again - this thread should be made a sticky. The c. prop. stuff does come up often.

So defend yourself in court, the creditors do not have a case in a simple cut and dry marital debt scenario, so if you take these specifics into account, the creditors have no case, they cant just throw all the debt at the non-filing spouse.

Read all the way at the bottom, your telling me the IRS has it wrong?

http://www.irs.gov/irm/part25/ch13s04.html

Second paragraph, your telling me this attorney that practices in a community property state is wrong too?

http://www.krmbankruptcy.com/Practic...y-Property.asp

Pages 2 through 9, your telling me that the State of Idaho has it wrong as well?

http://www2.state.id.us/ISB/sec/bnk/...etterMay08.pdf

And last but not least
Please read page 250 in the NOLO Chapter 7 book, under, Postbankruptcy Attempts to Collect Debts. Third paragraph.

So if you retained a attorney to defend you in a case like this, the creditor would lose and would be wasting there time.

Because they would lose according to the Bankruptcy Code, and according to the community property law. UNDER NORMAL CIRCUMSTANCES

Moranlaw.net is partially incorrect, sorry. Under a simple cut and dry case, where there is marital debt. Yes there would possibly be an argument, but they would lose, and they wouldnt even bother wasting there time, why? Because many creditors treat community property states, like non-community property states.

And if for some reason a Zombie collector would make the idiotic mistake of hounding you for clearly discharged debt, you can simply send them the Template Nasty Gram Letter from the NOLO Chapter 7 book about clearly discharged debts.

Who has it right?

7 attorneys in my home state, the IRS, the NOLO Chapter 7 Book, the State of Idaho, and a attorney in Wiscounsin.

You are once again, adding to the confusion about this topic, you are partially right, but you are still a little fuzzy on the laws.

Tell me this, have you yourself had 7 consultations with Attorneys in your home state, and asked them specifically about this topic? Well, I have, and between them they have a cumulative 150 years total in practicing in bankruptcy laws.