QUESTION

If I file for bankruptcy, can he come after me for non-payment of his bills?

Asked on Dec 10th, 2016 on Bankruptcy - Ohio
More details to this question:
My ex-husband has been in and out of hospitals since we have gotten divorced. I was told by the hospitals that sent the bills to me that I was the responsible party for paying his medical bills. So either his mother or sister signed medical paperwork saying that I was the responsible party for his medical bills. I have credit collectors coming after me. Even though most of his bills have his social security number on them, am I responsible for paying them?
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7 ANSWERS

Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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If the bills are for treatment that occurred after your divorce, you should not be liable for them and should make this clear to the bill collectors coming after you and to his mother and/or sister. Perhaps you need to show them the date of a divorce decree. If the bills after from dates prior to your divorce decree and such decree says that you have to pay them, you may be stuck with them despite a bankruptcy. I think the latter is unlikely, though. If the decree does not say you are responsible, a bankruptcy discharge would eliminate your personal liability for pre- or post-divorce collections. In the end, you need to consult a bankruptcy expert to go over your specific facts and provide you relevant advice on what to do or not to do.
Answered on Feb 08th, 2017 at 7:05 AM

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You are not responsible. Tell the hospitals you are divorced, and that a fraud has been perpetrated on them.
Answered on Feb 08th, 2017 at 7:05 AM

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Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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You are responsible for any of his medical bills incurred while you were married. You are not responsible for any bills incurred after the divorce was final. If you are filing a bankruptcy anyway, then just list all the bills on your bankruptcy. If you are not otherwise going to file bankruptcy, then provide the medical providers or collection companies with a copy of the divorce decree so they know the date and know which items then can not bill you for.
Answered on Feb 08th, 2017 at 7:04 AM

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If his medical debts were incurred after your divorce, you should not be legally responsible for them.
Answered on Feb 08th, 2017 at 7:04 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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With or without bankruptcy, you are not responsible for paying an ex spouse?s medical bills made after your divorce became final. However, the hospital and other medical providers are unlikely to know about your divorce or the cancellation of insurance benefits provided through your employer unless you TELL THEM. Do not attempt to resolve this by phone or email. The professional way to communicate is always by US mail, with a copy of the final divorce papers showing the legal situation.
Answered on Feb 08th, 2017 at 7:04 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Bankruptcy eliminates all your bills (except specific exclusions like student loans and child support), so a former spouse's medical bills regardless of whether you signed as a responsible party, would be eliminated.
Answered on Feb 08th, 2017 at 7:03 AM

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Ordinarily you are not responsible for debts incurred after you were divorced. If you file a bankruptcy, it is likely that debts allocated to you by the divorce court would not be dischargeable in a bankruptcy. But there are some conflicting published legal opinions on that question, and some technical distinctions between the two federal statutes which could render such debts dischargeable. So you would do well to consult a lawyer in your locality who is familiar with the Bankruptcy Court for your federal district.
Answered on Feb 08th, 2017 at 7:03 AM

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