Am I now responsible for these bills even though a chapter 7 was filed? 15 Answers as of September 15, 2014

My ex-wife filed chapter 7 bankruptcy which included medical bills for two of my daughters under the age of 18. I was told that those medical bills are automatically deferred to me! I was told yes, but would like a second opinion!


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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
For the second time, the answer is Yes.
Answer Applies to: Colorado
Replied: 9/15/2014
Stephens Gourley & Bywater | David A. Stephens
If you live in a community property state, her discharge may have discharge those bills as to your community property.
Answer Applies to: Nevada
Replied: 9/12/2014
Ronald K. Nims LLC | Ronald K. Nims
Both parents are responsible for their children's medical bills. Since the kids' mother declared bankruptcy, she is no longer liable, but you still are.
Answer Applies to: Ohio
Replied: 9/12/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
There is a statute in Minnesota that provides that a member of the household is responsible for medical bills for treatment for any member of the household. If your state has that statute then you are responsible.
Answer Applies to: Minnesota
Replied: 9/12/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Both parents are legally responsible for paying their children?s medical debts, so if one parent is relieved of this responsibility through bankruptcy, the other is legally responsible for paying these past debts. But many creditors are not particularly sophisticated about bankruptcy and will not pursue collection against the other parent when there has been a bankruptcy. You may get lucky.
Answer Applies to: Nevada
Replied: 9/12/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    That depends on state law. If you're in Oregon, you're probably responsible.
    Answer Applies to: Oregon
    Replied: 9/12/2014
    Barnhart Law Office
    Barnhart Law Office | Bruce C Barnhart
    Your ex-wife's bankruptcy discharged her liability only, it did not discharge your liability. However, you are not automatically liable for the medical bills of your spouse or former spouse. Neb statute 42-201 governs the method for which you may have liability. If the creditor/collection agency fails to comply with that method/procedure it may become liable to you for violation of the Fair Debt Collection Procedures Act.
    Answer Applies to: Nebraska
    Replied: 9/12/2014
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    It's a complicated situation, but yes, you probably are on the hook for those bills now. Your separation agreement/divorce decree should have a clause about medical expenses for your children who will carry insurance for the children, how medical bills will be split, that sort of thing. Unless it specifically states that you have no responsibility whatsoever for paying medical expenses of your children, you will be on the hook. Since your ex-wife discharged those debts as to her, you are now the only liable party. You will have to pay those bills or file bankruptcy yourself to discharge those debts.
    Answer Applies to: Colorado
    Replied: 9/12/2014
    214bankruptcy.com
    214bankruptcy.com | Rustin Polk
    If she files a bankruptcy and gets a discharge of her liability, then she no longer owes the debts. Or if you file a bankruptcy then you get rid of your liability. But, HER discharge does not get rid of YOUR liability.
    Answer Applies to: Texas
    Replied: 9/12/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    They may be depending on your relationship to the creditor and what you signed.
    Answer Applies to: Michigan
    Replied: 9/12/2014
    Idaho Bankruptcy Law | Paul Ross
    f you are liable on the debts, they can only now go after the other parent. Depending on the decree, you may have the option of going after your ex-spouse through the divorce. But they cannot go after her for debts before she filed bankruptcy.
    Answer Applies to: Idaho
    Replied: 9/12/2014
    Scott Goldstein | Scott Goldstein
    You are still liable, as you are responsible for the medical care of minor children under the doctrine of necessities. As you have not filed a bankruptcy, you are on the hook for this.
    Answer Applies to: New Jersey
    Replied: 9/12/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    There is no co-debtor protection or discharge in a chapter 7 case. Therefore, you are now responsible for,the bill.
    Answer Applies to: California
    Replied: 9/12/2014
    Detroit Lawyers, PLLC
    Detroit Lawyers, PLLC | Nick Best
    If you were liable before her bankruptcy you'll remain liable after. Her filing bankruptcy doesn't "move" the obligation to you, however. The divorce decree will also control how debts will be handled.
    Answer Applies to: Michigan
    Replied: 9/12/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally the advice given to you was correct, they will be your liability.
    Answer Applies to: Michigan
    Replied: 9/12/2014
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