CALIFORNIA FAMILY LAW
...Bankruptcy
......Effect on Division of Property/Debts
.........Disch'd Debt Not Offset in Prop. Div.
2 Cards On This Topic:
  • W's fresh start in bankruptcy does not give her the right to avoid a discharged debt and gain the lion's share of the proceeds of the sale of the family residence, which should be divided equally.
  • State court cannot order offset against discharged debt or remake judgment dividing property following bankruptcy.