[CLBS] enforcement of judgment against non-filing spouse.

[Alexandra Caval]

If he's still married to wife then it would be a violation of the community
discharge (524(a)(3)) for creditor to go after husband's wages because
those post-discharge wages are community property. Creditor can only go
after husband's separate property while husband is married to wife. There's
a case out there that had a line it in it, when discussing the community
discharge, that says, "Satan himself could effectively get a discharge in
bankruptcy if he was married to Snow White." Creditor could go after
Husband if he ever gets divorced from wife. (That same case says something
to the effect that Satan had best treat Snow White well because if she
would ever divorced him, she would effectively be denying his discharge).
See *In Re Costanza*, 151 B.R. 588 (Bankr. D.N.M. 1993). See also *In Re
Heilman*, 430 B.R. 213 (9th Cir. BAP 2010) for a discussion on the
community discharge. ~ Alex


On Mon, Dec 2, 2019 at 12:15 PM Email Service <jaykohler at live.com> wrote:

> Facts:  Creditor obtains a judgment against the husband only.  The debt
> sued on was only in husband's name.  Subsequently, the wife files a Chap. 7
> bankruptcy and gets a discharge.  The husband does not file.  Out of
> caution, the wife lists the judgment creditor in Sch. F.
>
> Question:  Would it be a violation of the wife's discharge injunction for
> the judgment creditor to now proceed with garnishment of the husband's
> wages?
>
> Any thoughts, opinions or authority would be appreciated.
>
> Jay Kohler
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>


-- 

Alexandra O. Caval

Caval Law Office, P.C.

P.O. Box 1716

Twin Falls, ID 83303-01716

T: 208.733.2035

F: 208.733.3919

alex at cavallawoffice.com




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