CALIFORNIA FAMILY LAW
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Bankruptcy
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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.