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  1. #1

    Default Bankruptcy During Divorce

    My question involves a marriage in the state of: California

    Good morning,
    Well, my mother is going through a very difficult divorce at this time. My mother and step-father acquired several properties during their marriage; however, 1 is at the center of the dispute. Somehow my step-father mislead my mother with the idea of a child support claim against him, so my mother unaware of the community property laws in the state, was lead to believe that in other for my step-father to protect his interest in one property, he had to place his brother on the title. Now, during the divorce, he wants 75% of the property. 50% "owned" by the brother and 25% from the community.

    After this property was acquired, my step-father declared bankruptcy. He didn't list the property as an asset and lied about his marriage status. He declared he was single. But know during the divorce, he wants that property and the property my mother had before marriage. It seems like he always knew what he was doing.

    What can be done? Is there anyway to protect those two properties in which he lied about in the bankruptcy? Really, my mother was completely ignorant of the community laws in the state. She doesn't know any English, while my step-father had a high school education... He took advantage of her.

    Thank you

    * He declared bankruptcy in 2004- approximately. They separated in 2011.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Bankruptcy During Divorce

    Your mother's divorce, it would seem, is not over. If she is not yet represented by a lawyer, you should help her retain a lawyer. Her lawyer can advise about how the bankruptcy filings might potentially be used to your mother's advantage.

  3. #3

    Default Re: Bankruptcy During Divorce

    Mr. Knowitall,
    She has been in court for almost 4 years. I was the one who told the attorney about the bankruptcy because I thought it could be use for her advantage. However, at first he told us it didn't matter. Then he used it at the deposition. So, we are a bit confuse as to how it can be use. He is an experience attorney, but I don't know if he is overwhelm by the complexity and entanglement of the case.

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