Will I be affected if my ex files for bankruptcy? 9 Answers as of January 19, 2011

I am married but legally separated. My wife had gone to the hospital without insurance and did not pay any of her hospital bills and has now been turned over to collections. She already had medical bill from before we were married. And the collection people contacted me saying if she and/or I did not pay, this it will go on my credit as collections. My ex is talking about filing bankruptcy to get away from that debt but I do not want her to if it will affect me. Can you tell me if I will be affected by this or not?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
The law provides that the Debt reporting agencies must keep separate files on Husbands and Wives. However sometimes it bleeds over into each others files where for example both parties are liable for the joint debt.

In Tennessee you are liable for your wife's medical bills regardless of whether she files Bankruptcy or not. You should file Bankruptcy also. Hire a lawyer.
Answer Applies to: Tennessee
Replied: 1/19/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
First, she is not your ex but your current wife. Separation does not make a spouse and "ex" even if legally separated. I will still refer to her as your "ex" nevertheless for convenience. The bankruptcy by your ex will not affect you. You might still be liable for her medical bills if the bills were incurred while you were married and living together. It is unlikely that any creditor will go after you but the liability is there. The filing of the bankruptcy by your ex will probably cause the creditors to write off the debts and never bother you either for those debts. I do not see how her filing for bankruptcy will affect you negatively. It might affect you positively by getting those creditors off your back and putting those debts to rest forever. Again, technically you might be liable for her medical bills during the time you were married and living together but it is highly unlikely you will be sued and her bankruptcy will make that even less likely.
Answer Applies to: California
Replied: 1/18/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
I do not have enough information to answer this question. Were you together when she went to the hospital? Do you live in a community property state? Go see a lawyer.
Answer Applies to: California
Replied: 1/18/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
Her filing bankruptcy will not necessarily affect except to the extent that you become solely responsible for the medical bills. very often state law provides that the provision of necessities to a spouse becomes a liability on the other spouse. if that's the case in your state, then you're on the hook regardless of whether she files for bankruptcy or not.
Answer Applies to: South Dakota
Replied: 1/18/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
If you are legally divorced and you are not a co-signer on any debts, then no, you will not be affected by your ex's bankruptcy.
Answer Applies to: California
Replied: 1/18/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    It depends on what State you live in, and I cannot answer the question unless you live in California.
    Answer Applies to: California
    Replied: 1/18/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Generally bankruptcy of one spouse will affect the other only to the extent the debts involved are community ones. Pull your credit report and see what is listed under your name. You can obtain a free report at _www.annualcreditreport.com_ (http://www.annualcreditreport.com).
    Answer Applies to: California
    Replied: 1/18/2011
    Sussman & Associates
    Sussman & Associates | Mitchell Sussman
    Until you are legally divorced, there will be a ding to your credit from her bankruptcy.
    Answer Applies to: California
    Replied: 1/18/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    Based on what you provided it does not sound like it.
    Answer Applies to: New Hampshire
    Replied: 1/18/2011
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