If I file for bankruptcy, can he come after me for non-payment of his bills? 10 Answers as of February 08, 2017

My ex-husband has been in and out of hospitals since we have gotten divorced. I was told by the hospitals that sent the bills to me that I was the responsible party for paying his medical bills. So either his mother or sister signed medical paperwork saying that I was the responsible party for his medical bills. I have credit collectors coming after me. Even though most of his bills have his social security number on them, am I responsible for paying them?

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Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy eliminates all your bills (except specific exclusions like student loans and child support), so a former spouse's medical bills regardless of whether you signed as a responsible party, would be eliminated.
Answer Applies to: Ohio
Replied: 2/8/2017
Stephens Gourley & Bywater | David A. Stephens
Your ex-husband cannot sue you for bills he incurred after the divorce unless that is specifically provided for in the decree.
Answer Applies to: Nevada
Replied: 2/8/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You are not responsible. Tell the hospitals you are divorced, and that a fraud has been perpetrated on them.
Answer Applies to: Colorado
Replied: 2/8/2017
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
If the bills are for treatment that occurred after your divorce, you should not be liable for them and should make this clear to the bill collectors coming after you and to his mother and/or sister. Perhaps you need to show them the date of a divorce decree. If the bills after from dates prior to your divorce decree and such decree says that you have to pay them, you may be stuck with them despite a bankruptcy. I think the latter is unlikely, though. If the decree does not say you are responsible, a bankruptcy discharge would eliminate your personal liability for pre- or post-divorce collections. In the end, you need to consult a bankruptcy expert to go over your specific facts and provide you relevant advice on what to do or not to do.
Answer Applies to: California
Replied: 2/8/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You are not liable. Send the collectors a letter, certified mail return receipt advising them of that fact. Attach a copy of the judgment of dissolution. Keep a copy for your records. If they come after you after you have sent the letter you have a claim against them for unlawful harassment. Also demand in your letter that they remove any negative credit reporting. Seek the services of an experienced lawyer in "Fair Debt Collection Practices Act" cases.
Answer Applies to: California
Replied: 2/8/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    With or without bankruptcy, you are not responsible for paying an ex spouse?s medical bills made after your divorce became final. However, the hospital and other medical providers are unlikely to know about your divorce or the cancellation of insurance benefits provided through your employer unless you TELL THEM. Do not attempt to resolve this by phone or email. The professional way to communicate is always by US mail, with a copy of the final divorce papers showing the legal situation.
    Answer Applies to: Nevada
    Replied: 2/8/2017
    OlsenDaines | Rex Daines
    You are responsible for any of his medical bills incurred while you were married. You are not responsible for any bills incurred after the divorce was final. If you are filing a bankruptcy anyway, then just list all the bills on your bankruptcy. If you are not otherwise going to file bankruptcy, then provide the medical providers or collection companies with a copy of the divorce decree so they know the date and know which items then can not bill you for.
    Answer Applies to: Oregon
    Replied: 2/8/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    If his medical debts were incurred after your divorce, you should not be legally responsible for them.
    Answer Applies to: Oregon
    Replied: 2/8/2017
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    You need to dispute your obligation to pay your ex-husband's medical bills. Do this in writing and send a copy of the divorce decree (not the whole settlement agreement). Also, advise the hospital that you want a copy of any document that you signed giving rise to your responsibility for the medical bills. It is possible that your signature was forged. If you intend to file a bankruptcy anyway, it would be important to list all of these medical bills - tell your bankruptcy lawyer to note that you dispute your liability on them because there is a box to check on the bankruptcy petition to indicate a dispute.
    Answer Applies to: Kentucky
    Replied: 2/8/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Ordinarily you are not responsible for debts incurred after you were divorced. If you file a bankruptcy, it is likely that debts allocated to you by the divorce court would not be dischargeable in a bankruptcy. But there are some conflicting published legal opinions on that question, and some technical distinctions between the two federal statutes which could render such debts dischargeable. So you would do well to consult a lawyer in your locality who is familiar with the Bankruptcy Court for your federal district.
    Answer Applies to: Wisconsin
    Replied: 2/8/2017
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