Can my medical bills be included in a bankruptcy? 26 Answers as of May 28, 2013

I am married and have thousands in dollars in debt under my name. Some of which includes medical bills for my son that was accumulated when we did not have health insurance. I would like to know if I file bankruptcy can I include all the medical bills, as well as any credit card debt that I have accumulated all within the last year and 1/2. Also, will this affect my wife. She will be signing up to finish her degree soon, she has her school loans to pay back and has good credit. We also have a house together. If I file bankruptcy with my debts can this also affect her?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Sounds like bankruptcy is a good option for you. No, your wife's credit history will not be affected if you file alone.
Answer Applies to: Texas
Replied: 10/8/2012
Lynn Boak, Attorney at Law P.C.
Lynn Boak, Attorney at Law P.C. | Ethelyn (Lynn) Boak
Yes, it can affect your spouse. You both should get legal advice before you file. The type of debts you describe are dischargable, but since you both own the house it is important that you determine how much equity you have. The trustee can sell the house if necessary, and would only give back half of the equity to your spouse.
Answer Applies to: Wyoming
Replied: 10/4/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Medical debts are treated like any other debt.... they are discharged. It will not affect your wife (assuming this is California questions. I'm only supposed to get California questions as I am not licensed any where else). If there is equity in that house, see a lawyer.
Answer Applies to: California
Replied: 10/3/2012
The Smalley Law Firm, LLC | Cary Smalley
Yes, you can include all of your medical bills and credit card debt in bankruptcy (assuming you are the guarantor/responsible party for your son's medical bills). It should not effect your wife if you file as an individual for the most part. I suggest you consult with a bankruptcy attorney to discuss the specific details of your situation.
Answer Applies to: Kansas
Replied: 10/2/2012
Law Office of Norman Moore
Law Office of Norman Moore | Norman P Moore Jr
Wisconsin is a community property state. So your debt is her debt and vice versa. By filing bankruptcy alone and cleaning up "your" debt, you are leaving her as the only person the creditors can go after for relief. A better solution, if you do file, is for both of you to file a joint bankruptcy.
Answer Applies to: Wisconsin
Replied: 10/2/2012
    Wild Sky Law Group, PLLC
    Wild Sky Law Group, PLLC | Roxanne Eberle
    You can file a bankruptcy without your spouse. If you have debts together, it could affect her some. However, your medical debts and credit card debts can probably be discharged. The only problem is that if your wife is on that debt as well, the creditors will just turn around and go after her too unless she bankrupts it as well. Consulting with a qualified bankruptcy lawyer can help you plan for an effective bankruptcy that would have the best results and least negative impact on your family. Also, congrats to your wife on obtaining her degree!
    Answer Applies to: Washington
    Replied: 10/1/2012
    The Michigan Bankruptcy HQ
    The Michigan Bankruptcy HQ | Joseph P. Saulski
    Short Answer: Yes, medical bills are dischargeable in bankruptcy. Discussion: You are allowed to file bankruptcy separately from a spouse; however, a spouse's income will be included in the calculation of the means test (test to determine if a debtor qualifies for a Chapter 7). A separate bankruptcy will protect the other (non-filing) spouse's credit report and score.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    LAW OFFICE OF MARGARET L. EVANS, PC
    LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
    Question: Can my medical bills be included in a bankruptcy? *- yes* Question Detail: I am married and have thousands in dollars in debt under my name. Some of which includes medical bills for my son that was accumulated when we did not have health insurance. I would like to know if I file bankruptcy can I include all the medical bills, as well as any credit card debt that I have accumulated all within the last year and 1/2. Also, will this affect my wife. She will be signing up to finish her degree soon, she has her school loans to pay back and has good credit. We also have a house together. If I file bankruptcy with my debts can this also affect her? *- no, not unless she's a co-signer or authorized user on any of your accounts*
    Answer Applies to: South Carolina
    Replied: 10/1/2012
    Law Offices of J. L. Haddock, PLLC
    Law Offices of J. L. Haddock, PLLC | Jared L. Haddock
    All debts must be included (insofar as they are listed in your petition). Medical bills are dischargeable, as are credit card debts. If a significant amount of credit card debts were incurred in the last six months prior to filing, sometimes those balances may be deemed non-dischargeable, however. Assuming that all of the debts you are looking to discharge are in your name (an not also in your wife's name), then you filing individually will not affect her credit. However, you do own a house together. If there is a mortgage on the house that you are attempting to discharge, it will not discharge her obligation for the mortgage. I would recommend that you and your wife both consult with a bankruptcy attorney together in order to address all of your concerns, even though she is not likely to file for bankruptcy protection.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    Your medical bills can and should be included in any bankruptcy you file.
    Answer Applies to: Georgia
    Replied: 10/1/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    They must be included in a bankruptcy. They may be also discharged if you qualify.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Benson Law Firm
    Benson Law Firm | David Benson
    Medical bills and credit cards, generally speaking, are dischargeable unsecured nonpriority debts. However, any debts that also carry your wife's name will remain her responsibility, regardless of whether or not you receive a bankruptcy discharge. As to your house, you should speak with your bankruptcy attorney about whether a bankruptcy filing will have an effect on that asset.
    Answer Applies to: Ohio
    Replied: 10/1/2012
    Attorney At Law | Harry D. Roth
    Yes. Medical bills are dischargeable. Generally, almost all unsecured debt (money you owe where there is no collateral) is dischargeable. If you file bankruptcy separately alone, that is, without your wife, then her credit rating will be unaffected by your filing. Please remember that, under California community property law, debts incurred during marriage are joint debts, no matter whose name is on the debt. Also, remember that it is the person who is discharged not the debt. Your wife is not protected by your bankruptcy just as she is not harmed by it.
    Answer Applies to: California
    Replied: 10/1/2012
    G. Anthony Yuthas & Assoc.
    G. Anthony Yuthas & Assoc. | Tony Yuthas
    Yes, but son may be required to pay
    Answer Applies to: Colorado
    Replied: 10/1/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If you file bankruptcy by yourself, your wife won't be affected. All your medical bills, including those of your son if he's a minor, are dischargeable in bankruptcy.
    Answer Applies to: Florida
    Replied: 9/29/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If the debts are not in her name, then no. Also, you have to know that your wife's income will be included in any means test for a chapter 7 and for plan determination in chapter 13. If in New Jersey and not w/counsel.
    Answer Applies to: New Jersey
    Replied: 9/29/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, when you file bankruptcy you must list all debt. If your wife is on these debts then she should file also. If she is not then she need not file but there may be ramifications for not filing which are to complex to discuss by email. I recommend you seek legal counsel.
    Answer Applies to: Nevada
    Replied: 9/29/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes, medical bills are included in a bankruptcy. Indeed, all of your debt must be listed as well as everything you own. You first need to determine which chapter to file.
    Answer Applies to: Florida
    Replied: 9/29/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Yes you can include medical bills. There is no way to predict how your wife will be affected by your bankruptcy. Many unanswered questions: how long you have been married, what state you live in, debts incurred pre-marriage, etc. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 9/29/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    You can discharge your medical debt in bankruptcy.
    Answer Applies to: Colorado
    Replied: 9/29/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    It will not affect your wife is she is not a co signor on your debts and the medical bills as well as your credit cards are all dischargeable.
    Answer Applies to: New York
    Replied: 9/29/2012
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes.
    Answer Applies to: New York
    Replied: 5/28/2013
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    You can certainly discharge credit cards and medical bills in bankruptcy. If your wife does not file with you, then it should only be joint debts where there could be any effect on her. If she files with you, she cannot discharge her student loans, but it should not prevent her from getting future government backed student loans if she is otherwise in good standing.
    Answer Applies to: Arkansas
    Replied: 9/29/2012
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Both medical debt and credit card debt are dischargeable. Ordinarily your wife would not be effected by you filing unless you have joint debt. Them she would be responsible your the joint obligation.
    Answer Applies to: Utah
    Replied: 9/29/2012
    Knute Rife
    Knute Rife | Knute Rife
    First, if you file, you can't pick and choose your debts. They all go in. Second, it should not affect her directly, but we would need to sit down and look at all your finances to determine that for sure.
    Answer Applies to: Utah
    Replied: 9/29/2012
    Law offices of John P. Brooke | John Brooke
    You can discharge unsecured debt in a chapter 7 bankruptcy and not pay any of it back. This includes credit cards as well as medical bills in your name. It shouldn't affect your wife's credit as long as she is not also on the bills with you or a co-signor to any of your debt. If she does have some responsibility to pay back the debt the creditors can come after her even though you discharged your obligation.
    Answer Applies to: New York
    Replied: 9/29/2012
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney