QUESTION
Can my medical bills be included in a bankruptcy?
Asked on Sep 28th, 2012 on Bankruptcy - Utah
More details to this question:
I am married and have thousands in dollars in debt under my name. Some of which includes medical bills for my son that was accumulated when we did not have health insurance. I would like to know if I file bankruptcy can I include all the medical bills, as well as any credit card debt that I have accumulated all within the last year and 1/2. Also, will this affect my wife. She will be signing up to finish her degree soon, she has her school loans to pay back and has good credit. We also have a house together. If I file bankruptcy with my debts can this also affect her?
17 ANSWERS
Yes.
Answered on May 28th, 2013 at 3:00 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Sounds like bankruptcy is a good option for you. No, your wife's credit history will not be affected if you file alone.
Answered on Oct 08th, 2012 at 1:40 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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Yes, it can affect your spouse. You both should get legal advice before you file. The type of debts you describe are dischargable, but since you both own the house it is important that you determine how much equity you have. The trustee can sell the house if necessary, and would only give back half of the equity to your spouse.
Answered on Oct 04th, 2012 at 11:14 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, you can include all of your medical bills and credit card debt in bankruptcy (assuming you are the guarantor/responsible party for your son's medical bills). It should not effect your wife if you file as an individual for the most part. I suggest you consult with a bankruptcy attorney to discuss the specific details of your situation.
Answered on Oct 02nd, 2012 at 9:54 PM
Wisconsin is a community property state. So your debt is her debt and vice versa. By filing bankruptcy alone and cleaning up "your" debt, you are leaving her as the only person the creditors can go after for relief. A better solution, if you do file, is for both of you to file a joint bankruptcy.
Answered on Oct 02nd, 2012 at 9:46 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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You can file a bankruptcy without your spouse. If you have debts together, it could affect her some. However, your medical debts and credit card debts can probably be discharged. The only problem is that if your wife is on that debt as well, the creditors will just turn around and go after her too unless she bankrupts it as well. Consulting with a qualified bankruptcy lawyer can help you plan for an effective bankruptcy that would have the best results and least negative impact on your family. Also, congrats to your wife on obtaining her degree!
Answered on Oct 01st, 2012 at 1:57 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: Can my medical bills be included in a bankruptcy? *- yes* Question Detail: I am married and have thousands in dollars in debt under my name. Some of which includes medical bills for my son that was accumulated when we did not have health insurance. I would like to know if I file bankruptcy can I include all the medical bills, as well as any credit card debt that I have accumulated all within the last year and 1/2. Also, will this affect my wife. She will be signing up to finish her degree soon, she has her school loans to pay back and has good credit. We also have a house together. If I file bankruptcy with my debts can this also affect her? *- no, not unless she's a co-signer or authorized user on any of your accounts*
Answered on Oct 01st, 2012 at 11:57 AM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Medical bills and credit cards, generally speaking, are dischargeable unsecured nonpriority debts. However, any debts that also carry your wife's name will remain her responsibility, regardless of whether or not you receive a bankruptcy discharge. As to your house, you should speak with your bankruptcy attorney about whether a bankruptcy filing will have an effect on that asset.
Answered on Oct 01st, 2012 at 1:38 AM
Yes. Medical bills are dischargeable. Generally, almost all unsecured debt (money you owe where there is no collateral) is dischargeable. If you file bankruptcy separately alone, that is, without your wife, then her credit rating will be unaffected by your filing. Please remember that, under California community property law, debts incurred during marriage are joint debts, no matter whose name is on the debt. Also, remember that it is the person who is discharged not the debt. Your wife is not protected by your bankruptcy just as she is not harmed by it.
Answered on Oct 01st, 2012 at 1:37 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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They must be included in a bankruptcy. They may be also discharged if you qualify.
Answered on Oct 01st, 2012 at 1:36 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If the debts are not in her name, then no. Also, you have to know that your wife's income will be included in any means test for a chapter 7 and for plan determination in chapter 13. If in New Jersey and not w/counsel.
Answered on Sep 29th, 2012 at 1:33 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, medical bills are included in a bankruptcy. Indeed, all of your debt must be listed as well as everything you own. You first need to determine which chapter to file.
Answered on Sep 29th, 2012 at 1:32 PM
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Yes, when you file bankruptcy you must list all debt. If your wife is on these debts then she should file also. If she is not then she need not file but there may be ramifications for not filing which are to complex to discuss by email. I recommend you seek legal counsel.
Answered on Sep 29th, 2012 at 1:32 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes you can include medical bills. There is no way to predict how your wife will be affected by your bankruptcy. Many unanswered questions: how long you have been married, what state you live in, debts incurred pre-marriage, etc. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Sep 29th, 2012 at 1:31 PM
Daniel James Wilson
You can discharge your medical debt in bankruptcy.
Answered on Sep 29th, 2012 at 1:30 PM
First, if you file, you can't pick and choose your debts. They all go in. Second, it should not affect her directly, but we would need to sit down and look at all your finances to determine that for sure.
Answered on Sep 29th, 2012 at 1:22 PM
Both medical debt and credit card debt are dischargeable. Ordinarily your wife would not be effected by you filing unless you have joint debt. Them she would be responsible your the joint obligation.
Answered on Sep 29th, 2012 at 1:21 PM