Hello, my name is Andrew H Griffin the third I’m a California bankruptcy attorney with 35 years of experience What happens when one spouse does not file bankruptcy? In California and one spouse gets a discharge of bankruptcy an on filing spouses future wages Cannot be levied for as long as she or he is married This is California a community property state when one spouse is in a community property state gets a bankruptcy discharge the creditors of the community cannot enforce the Pre-bankruptcy claims against any community property that the couple acquires in the future So even if the non filing spouse is the one to sign the credit card Application if that creditor has notice of the bankruptcy They cannot collect her debt from the community property pretty powerful, isn’t it? It’s all set out in the Bankruptcy Code section 524 a3 Describes the boundaries of the community property discharge when one spouse files a bankruptcy all of the community comes into the bankruptcy estate Not just the filing persons half of the community all of the marital property That’s because in a community property system All of the community is liable for the debt of the other spouse It matters not which spouse earn the money nor which contracted for the debt We’re both in this together is the theme this isn’t a California specific result It happens in any of the nine community property states the limitations while the protection afforded the spouse Who doesn’t file bankruptcy is left to discharge the filer gets it still pretty effective once you pound the law into the head of the debt collector Nothing can be done by that debt collector to collect that a debt any separate property then that the non filer has remains exposed to the debts if the merge ends by death or divorce There is no longer community any that that is in within the statute of limitations and we collected against the non filer at that This is Andrew H Griffin to third at Andrew Griffin law office calm today We’re helping you understand the bankruptcy process. You want to learn more about bankruptcy go to Andrew Griffin law office Calm to get a free copy of my book