QUESTION
Will creditors go after my husband if I file bankruptcy?
Asked on May 24th, 2011 on Bankruptcy - California
More details to this question:
I owe $17,000 in medical bills. I have to go to court for a Periodic Payments hearing. I don't have any income, my husband does but the bills were accrued before we got married. If I file for bankruptcy will they go after my husband? Our house is in his name only (purchased before we got married). Also, is it possible at the Payment hearing for the judge to reduce the debt?
6 ANSWERS
Bankruptcy Attorney serving Atlanta, GA
at
Saedi Law Group, LLC
Update Your Profile
If the medical debt is just in your name then no they cannot go after your husband unless he signed as the responsible party to the hospital.
Answered on May 27th, 2011 at 12:41 PM
Bankruptcy & Debt Attorney serving Longmont, CO
at
William Edward Zurinskas
Update Your Profile
Creditors may try to collect your medical bills from your spouse under the Colorado family expense doctrine, but the doctrine only applies to family expenses incurred during the marriage. Therefore, your spouse has a defense to any action or collection attempt.
Answered on May 26th, 2011 at 12:54 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
You filing alone will discharge your obligation to any dischargable debts, but if your husband is also liable for the debts you described, then they will come after him. If you are in my area, please contact me for a free consultation to discuss your options.
Answered on May 26th, 2011 at 10:18 AM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
Since the debts were incurred prior to marriage you do not owe them. As to the payment hearing, the judge cannot reduce the judgment amount.
Answered on May 25th, 2011 at 12:13 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
at
Orantes Law Firm
Update Your Profile
I would need to review the case where this "Periodic Payments hearing" is taking place to advise you better. However, you generally can file for bankruptcy protection without your spouse. Even though his income will be analyzed to determine for what chapter in bankruptcy you qualify, you may be able to discharge the debt by filing a case on your own. Call us at to schedule an appointment to review your case thoroughly and advise you about your options.
Answered on May 25th, 2011 at 11:24 AM
Bankruptcy Attorney serving Seattle, WA
at
Symmes Law Group, PLLC
Update Your Profile
It does not sound like the creditors will be able to go after your husband after you file bankruptcy since this debt was incurred before you got married.
Answered on May 25th, 2011 at 11:24 AM