QUESTION
Can I file bankruptcy without my spouse on medical bills?
Asked on Apr 26th, 2013 on Bankruptcy - Florida
More details to this question:
I've been married for 30 yrs. My husband retired leaving us with no medical insurance. We own a home and small piece of property that is in my husband's name. I own nothing except for a 1998 Ford explorer in both our names. There are other vehicles, tractors, and jet skis that have loans on them but nothing in my name because I had no credit and the interest was best in my husbands name alone. I have a few credit cards with zero balances. My husband has medical insurance but I have none, am disabled and he will not purchase any for me. I am quite ill. Am I able to file bankruptcy on the mounting medical bills I have without harming my husband’s credit or the house, property, or loans he has taken out?
9 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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What concerns me most is the other propertyneed more details. If you have a community property interest in it, it could be at risk. But perhaps you have a wildcard that would cover it.
Answered on Apr 30th, 2013 at 1:31 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes. Both spouses do not have to file together.
Answered on Apr 29th, 2013 at 12:34 PM
Bankruptcy Chapter 7 Attorney serving Louisville, KY
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Thornhill & Holt, PLLC
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Yes!
Answered on Apr 29th, 2013 at 12:34 PM
My best advice is to file 4 chapter 7 bankruptcy protection.
Answered on Apr 29th, 2013 at 3:59 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes if you qualify.
Answered on Apr 29th, 2013 at 1:38 AM
William Rhymer
It sounds like you maybe legally eligible to file a Chapter 7 by your self, However, I would need more information to determine if it is the wisest thing to do at this time if you have on going medical issues.
Answered on Apr 29th, 2013 at 1:19 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but it is best to get advice before deciding what works best for you both.
Answered on Apr 29th, 2013 at 12:57 AM
Although you are able to file bankruptcy on all of your debts without it affecting your spouse's credit, your spouse is legally responsible for paying all of your medical debts even if his name was not on the debt and even if he didn't know (or care) about your medical circumstances. After all, he promised to take you "for better, for worse, for richer, for poorer, in sickness & in health." In most states, that means he is responsible for your medical care costs.
Answered on Apr 28th, 2013 at 10:33 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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You may file without your spouse, but why would you file? Wait until you have some health insurance, then file. Once you file (assuming Chapter 7) you cannot file a Chapter 7 case for 8 years afterward! What will you do if you incur more medical expenses AFTER you file Chapter 7? Have you looked into SSDI?
Answered on Apr 28th, 2013 at 10:03 PM