sued for X's debt discharged in bankruptcy

I live Georgia. Being sued by credit union for X-wife's debt discharged in bankruptcy. Dept was community (from Calif.). Divorce dissolution agreement...she was supposed to pay. Seems I won't prevail. Should I even show up at the trial (trial is in Calif.) to be told "you lose"? How will the credit union try to collect after the judgement? Ask for payments? Attach my pay? Can I sue my X for damages? Thanks for any advice.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wj:
[b]I live Georgia. Being sued by credit union for X-wife's debt discharged in bankruptcy. Dept was community (from Calif.). Divorce dissolution agreement...she was supposed to pay. Seems I won't prevail. Should I even show up at the trial (trial is in Calif.) to be told "you lose"? How will the credit union try to collect after the judgement? Ask for payments? Attach my pay? Can I sue my X for damages? Thanks for any advice.[/b]<HR></BLOCKQUOTE>

My response:

Your EW is totally out of the picture now. There's nothing you can do. Federal Bankruptcy always "trumps" State court orders. In other words, when a State court orders one spouse to pay half of all community debts, all the other spouse has to do is walk across the street to the Federal Courthouse and declare BK. Then, the creditors look to the "other" spouse for payment in full, because the creditors are never made privy to the State court orders; i.e., the creditors never lose 1/2 of the debt because one of the spouses filed for BK.

You can either file for BK yourself, or pay the debts, or defend the action against you. You should seek an attorney's advice because there may be a loophole in getting you out of the contracts for the debts.

If you lose, they will execute the judgment against you for the entire amounts by levying against your property, bank accounts, wages, and other holdings.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

Is it really that easy to declare Bankruptcy ? Seems a lot of people posting on here with such experiences..

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
[b]Is it really that easy to declare Bankruptcy ? Seems a lot of people posting on here with such experiences.. [/b]<HR></BLOCKQUOTE>

My response:

Under current Federal law, yes, it is very easy. However, Congress is trying to pass a reformed BK to make it almost impossible to get discharged. It's coming under attack from the House though.

How are you Usdeeper? Good to read you!! I'm having a great time in trial, we got done with the Plaintiff's testimony and one expert today. The case should go to the jury by Monday or, the latest, Tuesday.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."