In re Kimmel -Adversary Rooz vs. Kimmel Case No: 07-1152

Debtor Protections - Spouse's interest in debtor's wages was immune from any attempt by creditor to collect on judgment against spouse.

A creditor on a community claim against a debtor and her nondebtor spouse waived his right to assert that the debtor's discharge did not enjoin him from attaching after-acquired community property to satisfy his claim against the nondebtor spouse when the creditor did not file a complaint directed at the debtor or the spouse in the debtor's bankruptcy case, either as a nondischargeability action or as an objection to discharge. Therefore, the spouse's interest in the debtor's wages, to the extent that they were community property notwithstanding the debtor and spouse's postnuptial agreement, was immune pursuant to the community property discharge injunction from any attempt by the creditor to collect on a judgment against the spouse.

Date of decision: 11/8/07

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