QUESTION

Will I be affected if my ex files for bankruptcy?

Asked on Jan 18th, 2011 on Bankruptcy - New Hampshire
More details to this question:
I am married but legally separated. My wife had gone to the hospital without insurance and did not pay any of her hospital bills and has now been turned over to collections. She already had medical bill from before we were married. And the collection people contacted me saying if she and/or I did not pay, this it will go on my credit as collections. My ex is talking about filing bankruptcy to get away from that debt but I do not want her to if it will affect me. Can you tell me if I will be affected by this or not?
Report Abuse

4 ANSWERS

William C. Gosnell
The law provides that the Debt reporting agencies must keep separate files on Husbands and Wives. However sometimes it bleeds over into each others files where for example both parties are liable for the joint debt. In Tennessee you are liable for your wife's medical bills regardless of whether she files Bankruptcy or not. You should file Bankruptcy also. Hire a lawyer.
Answered on Jan 19th, 2011 at 5:43 AM

Report Abuse
Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
Update Your Profile
First, she is not your ex but your current wife. Separation does not make a spouse and "ex" even if legally separated. I will still refer to her as your "ex" nevertheless for convenience. The bankruptcy by your ex will not affect you. You might still be liable for her medical bills if the bills were incurred while you were married and living together. It is unlikely that any creditor will go after you but the liability is there. The filing of the bankruptcy by your ex will probably cause the creditors to write off the debts and never bother you either for those debts. I do not see how her filing for bankruptcy will affect you negatively. It might affect you positively by getting those creditors off your back and putting those debts to rest forever. Again, technically you might be liable for her medical bills during the time you were married and living together but it is highly unlikely you will be sued and her bankruptcy will make that even less likely.
Answered on Jan 18th, 2011 at 7:28 PM

Report Abuse
Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
Update Your Profile
Based on what you provided it does not sound like it.
Answered on Jan 18th, 2011 at 12:28 PM

Report Abuse
Real Estate Attorney serving Newport Beach, CA
3 Awards
Until you are legally divorced, there will be a ding to your credit from her bankruptcy.
Answered on Jan 18th, 2011 at 12:28 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters