Question
Will my debt transfer to my family if I pass away during bankruptcy?
I am a retiree in California. I have been forced to consider bankruptcy because of medical debt related to my health conditions. I think that chapter 13 bankruptcy is my best option at this point. The bankruptcy would be in my name and most of the debt is in my name. If I pass away during the bankruptcy filing, will by debt be passed on to my wife?LawQA.com Answer Library
Answered By: Diefer Law Group, P.C.
If you leave an estate, yes the debts can follow your estate.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Mark J. Markus
California is a community property/debt state. Your wife already is liable for your medical and other debts (unless they were all incurred before you got married) to the extent she has community assets to recover from. If the reason for the Chapter 13 case is too high of income, if you pass away, your wife should be able to convert your case to Ch. 7, but I do not have anywhere near enough information to advise you on that. You should also address your question to a family law attorney regarding the community debt aspects.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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