QUESTION
If I filed for bankruptcy chapter 7, is dependent child's medical account included in debt discharge?
Asked on Mar 11th, 2014 on Bankruptcy - Idaho
7 ANSWERS
Parents are solely responsible for paying their children's medical debts. Children are not responsible for paying their own medical debts, so as long as the medical provider was listed, it would be unnecessary to list the child as a creditor as well.
Answered on Mar 12th, 2014 at 7:10 PM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
If the child is a dependent the bill should be in your name and would discharged in the bankruptcy.
Answered on Mar 12th, 2014 at 1:28 PM
It is good that the dependent child's name is not on the bk filing because that would be against the rules. If you are the one responsible for the child's debt, it is sufficient that you have named the medical creditor in you case. Be aware that some states have "family expense statutes" making both parents responsible for such expenses, so you need to determine if the child's other parent is going to be exposed to liability for the debt. In any case, it would be up to the creditor to pursue collection from the other parent.
Answered on Mar 11th, 2014 at 11:47 PM
If the dependent child is a minor, he/she is fine, and not responsible for the debt.
Answered on Mar 11th, 2014 at 6:16 PM
Deborah F. Bowinski
If you are the responsible party for the bill then it should have been listed in your papers and included in your discharge. If the bill is in someone else's name then it is not your debt and not discharged.
Answered on Mar 11th, 2014 at 6:00 PM
If a minor child that is your dependent incurred medical debt/expenses then the parent or guardian is responsible for those costs. If the dependent is not a minor (over 18) then generally that debt is not discharged in another persons bankruptcy.
Answered on Mar 11th, 2014 at 5:58 PM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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The bankruptcy discharge eliminates your liability to any debt that you are liable to pay, except for certain debts, including but not limited to certain tax debts, most student loans, debts related to a divorce decree, child support, etc.. The debt, however, does not magically disappear, just your liability to it. Therefore, if someone else is owes on that debt and they haven't filed bankruptcy, then that other person would still owe the debt.
Answered on Mar 11th, 2014 at 5:58 PM