Can a judgement against one party be applied to jointly personal and/or real property?

The joint property is held by a husband and wife. What if one of them files for bnkruptcy?

Asked on January 30, 2013 under Bankruptcy Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Good question. If a judgment creditor has a judgment against a person jount personal or real property can be levied upon as a matter of law. The same hold true for marital property.

If the judgment debtor filed for bankruptcy protection, the judgment creditor ordinarily is precluded from leving upon assets of the debtor. If one spouse filed for bankruptcy protection, the judgment creditor can levy upon the assets of the other spouse assuming the debt is a marital debt.

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