Information on bad credit loans and debt can be found at banklady.com.

Bankruptcy and Divorce: Property of the Estate: Community Property:

Property of the estate includes:

All interest of the debtor and the debtor's spouse in community property as of the commencement of the case that is

(A) under the sole, equal, or joint management and control of the debtor; or

(B) liable for an allowable claim against the debtor, or for both an allowable claim against the debtor and an allowable claim against the debtor's spouse, to the extent that such interest is so liable.

11 U.S.C. 541(a)(2). This means that, even if only one spouse files a bankruptcy estate, in most instances the entire community property of the couple will be property of the bankruptcy estate. The corollary to this provision is that all creditors entitled to be paid from community property may file a claim against the bankruptcy estate even if the debtor spouse is not personally liable for the debt. In the latter instance, however, the claim is only entitled to be paid from the community property, not from the debtor's separate property.

Note: The entire community comes into the bankruptcy estate even if one spouse files after marital status has been severed as long as the community property has not yet been divided. See In re Mante, 153 F.3d 1082, 1085 (9th Cir. 1998) (citing with approval In re Miller, 167 B.R. 202 (Bankr. C.D. Cal. 1994)).

Featured Download Manuals:

The Download Center

What Happens to the Marital Home Valuation of Businesses in Divorce Cases Identification and Division of Dissipated Marital Assets Identifying Unusual Types of Divisible Property Division of Intellectual Property Interest Upon Divorce Tracing Separate Property Through A Commingled Bank Account Domestic Violence & Distributing Property Upon Divorce Equitable Distribution of Stock Options Equitable Distribution of Lottery Winnings The Effect of Bankruptcy During Divorce

Featured Books:

The Divorce Bookstore

The Property Division Handbook Asset Protection from Divorce The Spousal Support Handbook Divorce & Money: Make the Best Financial Decisions Tax Aspects of Divorce The Dollars & Sense of Divorce Fairshare Divorce for Women Divorce Strategy: Civil Tactics for a Financial Divorce Money Without Madness Financial Self-Confidence for the Suddenly Single Credit Repair Software Debt-Free: The National Bankruptcy Kit

Related Research Center Categories:			Helpful Services:
Accounts Antenuptial Agreements Appraisals Appreciation of Assets Attorney's Fees Bankruptcy Classification of Assets Closely Held Businesses Closely Held Corporations Corporations Creditor's Rights Debts Disabilty Benefits Dissipation of Assets Division of Property	Double Dipping Employee Benefits Equal Division Factors in Award Financial Forfeiture of Assets Gifts Goodwill Income Inherited Property Interest on Assets Joint Titling Life Insurance Marital Home	Military Benefits Pensions Premarital Property Prenuptial Agreements Prof. Licenses & Degrees Professional Practices Severance Pay Social_Security_Benefits Source of Funds Stock Options Tax Consequences Transmutation of Property Trusts Valuation of Assets	Access to some research documents (those we license from independent legal research companies) are restricted to subscribers. In order to gain access to ALL of these documents, you must subscribe to establish an account. If you are already a subscriber, you may sign in before you begin your research. (Why Subscribe?)

Return to Bankruptcy and Divorce Informational Section

Divorce Tip: # 24 An uncontested divorce case is a divorce that does not require a trial. The disputes, if any, are resolved by the couple without the need of the court's decisions. This does not mean that the court does not have a role. All divorces must have some kind of judicial proceeding before you are issued a legal divorce decree. Sponsored by: The Creative Divorce

The Research Center: (Divorce Cases of Interest)	Research Home
Find Case Law, Case Analysis, and Divorce Information... Keyword(s) Any WordsAll WordsPhrase Research Tips

Find Professionals Children Issues Financial Issues Divorce Laws Pensions Issues Surviving Divorce More...

Book Store Download Center Divorce Forms Sep. Agreements Win Custody Par. Agreements Modification Forms Support Calculations

Join Directory Free Website Free Web Pages Website Design Featured Sites Advertising

Site Map Terms & Conditions Privacy Statement Contact Us Link to Us Advertising

Copyright© 1996-2008. All rights reserved by Divorce Source, Inc.
Comments & Suggestions? or Recommend This Page to a Friend!