QUESTION
Do I still have to pay for the medical bills that my wife included on her chapter 7?
Asked on Apr 03rd, 2014 on Bankruptcy - Idaho
More details to this question:
Idaho is a community property state, and my wife only filed chapter 7. It’s a 2010 hospital bill she included into her chapter 7. Just out of the blue, the collection agency mails me a letter demanding full payment and they explained to me I am still responsible for her debt because I did not filed with my wife. But the research I have seen tells me it will be almost impossible to collect the debt being all our income and debt is community debt. So, all they can really do is report the $11,000.00 medical bill on my credit report. Otherwise I’m guessing they would be in contempt if they tried to garnish my community income, because we are both protected. Very confusing. But that is what I am understanding. So if they won’t settle for a few hundred dollars I might write them a letter telling them if they try to garnish my wages they would be in the bankruptcy contempt order.
1 ANSWER
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Idaho is a community property state, all debts incurred by the community are included in your wife's bankruptcy and she was discharged from responsibility on those debts. However, a Chapter 7 only protects your wife and the assets that were part of the bankruptcy the day she filed. Your new income is not protected as you did not receive a discharge and while it goes to the community, it is also fully usable by you, and as such can be garnished because you did not obtain a discharge. No discharge violation exists as against you. You are still on the hook for the debts.
Answered on Apr 04th, 2014 at 1:20 PM