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I have won a case but defendant's husband has filed bankruptcy. It is not a joint petition - can I still levy her bank account?

Los Angeles, CA |

I recently won a court case and decided to levy the debtor's bank account after many failed attempts to collect. While locating her bank information, I learned her husband has filed bankruptcy and it was recently discharged.

It is not a joint bankruptcy, but as this is a communal property state I want to confirm that I can still levy her bank account and not violate the stay.

Thank you.

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Attorney answers 1

Posted

This is a real stinky part of the law: the community property is protected by a discharge in bankruptcy. This means that you cannot levy on any community assets, e.g. bank account in the name of both spouses. You may, however, levy on the non-bankrupt spouse's separate property, if any. This assumes that you got your judgment against both spouses.

Asker

Posted

Thank you, Attorney Paul, for the clarification. My judgment is only against the non-bankrupt spouse. Would those bank accounts be considered separate property if she is not named on the account?