Copperopolis, CA Bankruptcy Law Firms & Lawyers

The proper location in which to file bankruptcy is where you resided for the past 91 days (the majority of the prior 180 days). For convenience, you might want to consider waiting until you have been in California for 91 consecutive days. That way, you won't have to travel to NM to attend a creditors meeting or any hearings. As to the claim from the accident, it (along with every other debt or claim against you) MUST be included in your bankruptcy, along with ALL of your assets. You are not allowed to selectively list debts/claims or assets. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.

Each of you has the right to file a separate petition and you may file without him. It would probably make more sense for the two of you to file a joint Chapter 7 bankruptcy petition while you are still married, if you qualify. You should contact an attorney - preferably an attorney who handles both divorce and bankruptcy cases for specific advice tailored to your specific facts and circumstances.

Only a limited number of debts are not dischargeable in a bankruptcy case; such as taxes, student loans, fines, child support, etc. However, if an entity can prove fraud was a factor in a debt, then the court "might" not discharge that debt. If a court has already found that the debt is not owed, then you can use that judgment to help prove that the debt should also be discharged in bankruptcy court; but you may have to prove again that you were entitled to the benefits if the creditor objects to the discharge of the debt. Normally, the courts are fairly liberal in discharging such debts when no fraud exists, but every case is different and one missing fact may cause a different result, so I suggest that you contact an attorney to discuss this matter in detail. My assessment of this situation does not create an attorney/client relationship and this is not to be considered advice because my answer is based upon a generalized question of law and only a complete review of all the facts and documents could result in an educated response.