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Re: Judgement in Texas - This should be it !
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Posted by LadynRed
(199.91.33.254) on April 22, 2003 at 19:01:25:
In Reply to: Re: Judgement in Texas posted by LadynRed on April 22, 2003 at 18:37:34:
Between these 2, but specifically Sec 524 a(3), your DH should be protected by FEDERAL law: Sec. 541. - Property of the estate
(a)
The commencement of a case under section 301, 302 , or 303 of this title creates an estate. Such estate is comprised of all the following property, wherever located and by whomever held:
(1)
Except as provided in subsections (b) and (c)(2) of this section, all legal or equitable interests of the debtor in property as of the commencement of the case.
(2)
All interests 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.
Sec. 524. - Effect of discharge
(a)
A discharge in a case under this title -
(1)
voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;
(2)
operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
(3)
operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541 (a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228(a)(1), or 1328(a)(1) [1] of this title, or that would be so excepted, determined in accordance with the provisions of sections 523 (c) and 523 (d) of this title, in a case concerning the debtor's spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.
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