Can I file chapter 7 on those medical bills? 10 Answers as of March 07, 2017

I owe over $8,000.00 for half of medical bills for my non-custodial children. I do not have insurance for them because the ex-husband is required to have it but in court for custody it was said I had to pay half of the price the ex-husband pays out of pocket. He has already has paid the bills but I haven't paid him.

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
You may be able to file a chapter 7 case. However, the order to pay half the medical bills is likely a support order that will still exist after the bankruptcy case and won't be discharged because child support orders are not dischargeable.
Answer Applies to: California
Replied: 3/7/2017
Timothy Casey Theisen, P.A. | Tim Theisen
You would really be filing and your ex-husband, not on the medical bills. And your obligation to your ex-husband is in the nature of child support, which is not dischargeable. Sorry.
Answer Applies to: Minnesota
Replied: 3/7/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes.
Answer Applies to: Colorado
Replied: 3/7/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If your requirement to pay is deemed to be "in the nature of support" those bills are not dischargeable. You need to have local counsel look at the court order to determine this.
Answer Applies to: California
Replied: 3/7/2017
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Medical bills are discharged in bankruptcy.
Answer Applies to: California
Replied: 3/7/2017
    Stephens Gourley & Bywater | David A. Stephens
    You can, but you should look at your divorce decree to determine whether you will have an obligation to your ex even if you discharge those medical bills.
    Answer Applies to: Nevada
    Replied: 3/7/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Bankruptcy will not eliminate debts for child support obligation, and generally, paying the children?s medical debt is considered to be part of this obligation.
    Answer Applies to: Nevada
    Replied: 3/6/2017
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes, no problem doing that and should be done.
    Answer Applies to: New York
    Replied: 3/6/2017
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    Yes, medical debts are always dischargeable in any kind of bankruptcy.
    Answer Applies to: Oregon
    Replied: 3/6/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    The answer depends on the way the out-of-pocket medical expenses were described in the divorce papers. He could argue that the bills are in the nature of support which is not dischargeable in bankruptcy. You should talk to a bankruptcy lawyer and show them the divorce paperwork.
    Answer Applies to: Oregon
    Replied: 3/6/2017
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