vrzirn said:
When the California judge addressed this issue in my divorce trial he told the ex he could not escape into bankruptcy from debts he owed to me(severally) and to my mother(jointly).
Ex had to pay up. BK was declared after divorce but before resolution of Reseved Issues. The debts were deducted from his share of real property and pension fund assets and moved to my column.
I realize Family Court judges have great discretion but his ruling is the exact opposite of your answer to our poster.
IAAL, please explain your answer.
My response:
Easy.
In your case, the judge made a specific order concerning Bankruptcy. Your husband could still have filed BK, and it would have absolved him of his debts to you and your mother - - however, he would have still been in contempt of the court's order, and the judge would have jailed him and thrown away the key. Not a very easy choice for your hubby to make. But, since there were other assets, and despite his BK, all the judge had to do was shift assets from him, to you and mom. If there were no other assets, and he filed BK, he would have needed a toothbrush, a change of underwear, and some KY Jelly.
In our writer's post, she never makes mention of a specific order concerning BK. Therefore, our writer's husband was free to file BK, without any ill effects, or running afoul of the court's orders.
IAAL
