Fairfield, CA asked in Bankruptcy, Estate Planning and Family Law for California

Q: Husband accumulates debt with payday loans and other forms without my knowledge. How to protect my assets. Can I?

He has filed bankruptcy 3 times. I was on the bankruptcy the last 2 times but don't ever want to be involved with one again.

I will be inheriting someday and wonder if his creditors will go after the estate.

5 Lawyer Answers

Harlene Miller

Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: This is not a question that can be answered through this site. There are too many facts and issues that need to be discussed. If you think your husband is planning to file bankruptcy again, seek advice from an attorney that specializes in bankruptcy law to analyze the potential impact of a bankruptcy. Many of us have sufficient knowledge to provide an overview of issues related to the potential bankruptcy, and/or the ability of creditors to look to you for payment of debt and to your assets. Don't wait too long to look into this with a professional.

1 user found this answer helpful

Theodore Allan Greene

Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should do as the previous attorney suggested. Go see an attorney RIGHT AWAY. California has very unique and specific law relating to such matters and only an attorney sitting down with you can analyze your unique situation.

1 user found this answer helpful

Peter Maurice Lively

Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: Inheritance is separate property of the receiving spouse under California law, but it can be transmuted (changed) into community property and thereby become a potential bankruptcy estate asset in your husband's potential individual bankruptcy case. Therefore, you need to understand how separate property can be transmuted into community property and how best to protect your inheritance.

As already advised in this forum, you should seek a consultation with an experienced bankruptcy attorney who can advise you regarding your options, after you disclose all of your financial facts and circumstances.

1 user found this answer helpful

Ronald Holland

Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

A: In answering the part of your questions about whether your husband's creditors can go after your future estate, the gener answer would be no both in or out of bankruptcy. Unless the creditor obtains a judgment against you, which may be possible, only your husband's community or separate property are involved for collection or or in bankruptcy.

This is considerably more to this than just a simple answer though. You and and husband should consult an attorney about this. If he is contemplating another bankruptcy, you should both see an experienced bankruptcy attorney.

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: See an attorney immediately. There ARE many ways to protect your assets but are fact specific and need to be assessed in an overall plan.

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