If I filed for bankruptcy chapter 7, is dependent child's medical account included in debt discharge? 15 Answers as of March 13, 2014

Dependent child's name not on BK 7 filing.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, because you owe the debt as the parent.
Answer Applies to: California
Replied: 3/13/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
If the child is a dependent the bill should be in your name and would discharged in the bankruptcy.
Answer Applies to: California
Replied: 3/12/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Parents are solely responsible for paying their children's medical debts. Children are not responsible for paying their own medical debts, so as long as the medical provider was listed, it would be unnecessary to list the child as a creditor as well.
Answer Applies to: Nevada
Replied: 3/12/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
The medical debt needs to be listed in your schedules if you are responsible for paying it.
Answer Applies to: Arkansas
Replied: 3/12/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, because it is your debt not the child
Answer Applies to: New York
Replied: 3/12/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Generally it would be included in the parent's filing if they are responsible for the bill or part of it.
    Answer Applies to: Michigan
    Replied: 3/12/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    It is good that the dependent child's name is not on the bk filing because that would be against the rules. If you are the one responsible for the child's debt, it is sufficient that you have named the medical creditor in you case. Be aware that some states have "family expense statutes" making both parents responsible for such expenses, so you need to determine if the child's other parent is going to be exposed to liability for the debt. In any case, it would be up to the creditor to pursue collection from the other parent.
    Answer Applies to: Oregon
    Replied: 3/11/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    If you are the responsible party and the minor child is under the age of 18, then it should be dischargeable as to both of you. In a few jurisdictions, courts have held that the minor child may be responsible for medically necessary treatment up to his/her ability to pay at the time of treatment. You need to list the debt if you are financially responsible for it either as a parent of a minor or as the person who signed paperwork accepting financial responsibility.
    Answer Applies to: Indiana
    Replied: 3/11/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    If the dependent child is a minor, he/she is fine, and not responsible for the debt.
    Answer Applies to: Colorado
    Replied: 3/11/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    The bankruptcy discharge eliminates your liability to any debt that you are liable to pay, except for certain debts, including but not limited to certain tax debts, most student loans, debts related to a divorce decree, child support, etc.. The debt, however, does not magically disappear, just your liability to it. Therefore, if someone else is owes on that debt and they haven't filed bankruptcy, then that other person would still owe the debt.
    Answer Applies to: Idaho
    Replied: 3/11/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No minor child can be held liable for debt so you would be able to get rid of it
    Answer Applies to: Florida
    Replied: 3/11/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you are the responsible party for the bill then it should have been listed in your papers and included in your discharge. If the bill is in someone else's name then it is not your debt and not discharged.
    Answer Applies to: Colorado
    Replied: 3/11/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes you should list it if you are on it.
    Answer Applies to: South Carolina
    Replied: 3/11/2014
    Danville Law Group | Scott Jordan
    Is the child a minor? Did you guarantee the debt?
    Answer Applies to: California
    Replied: 3/11/2014
    OlsenDaines, PC
    OlsenDaines, PC | Kristoffer Sperry
    If a minor child that is your dependent incurred medical debt/expenses then the parent or guardian is responsible for those costs. If the dependent is not a minor (over 18) then generally that debt is not discharged in another persons bankruptcy.
    Answer Applies to: Idaho
    Replied: 3/11/2014
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