my ex wife and i have been divorced a lil over 2 years. my credit report is full of medical collections with her name as the patient. When i file my bankruptcy what happens to those debts? Are they wiped out completly or do the collection agencies look to her to satisfy the debts?
2007-02-07 03:11:59 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
1. I doubt you are responsible for her medical bills so I would check with an attorney to see if you are. If you are not, then tell the collectors that you are not responsible for the debt of your ex-spouse, and that any further attempts to collect on a debt that is not yours will be treated as harrassment.
It may be a "debt of necessity" and you both are liable for the debt. See a lawyer.
2. If you can swing it, don't BK, come up with a payment plan. You will be far better off in the long run if you can do it this way.
2007-02-07 04:45:54 · answer #1 · answered by camys_daddy 5 · 0⤊ 1⤋
Are the debts from the marriage or after?? If the debts are before, check your divorce decree to make sure she assumes responsibilty for her debts in the agreement. If so, you can write to the 3 credit bureaus with a copy of the decree and the bills saying that these are her debts and that they should not be on your credit and you would like an investigation be opened. This should remove it from your credit. As for the Bankruptcy, if you feel that you owe the debt, list it and it will be discharged. IF her name is on the bill also, she will be responsible for the debt after your discharge. If you file a 13, you will be paying for the debt in your Plan so I suggest that for a 7 or 13 if you feel that you should not have to pay these, list them in your Schedule F (unsecured creditors) and have them marked as "disputed". This should prevent you from having to pay for them in a 13 or a 7 if you have Assets.
Discuss this with your attorney to ensure you do the option that is in your best interest.
Good Luck!
2007-02-08 22:49:43 · answer #2 · answered by scboi23on24 2 · 0⤊ 0⤋
If your bill(s) were a shared debt (Both of your names are on the debt) then your answer is Yes, the collectors can go after the opposite spouse to collect on....However, in case of medical bills....it is possible that the man maybe deemed responsible for the care of all dependants that lived in the household at that time.
You may want to talk to a lawyer as there are many many loop holes in your and her favor.
2007-02-07 03:20:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Most likely, they will go after her for the debt, but there are some legal questions that remain unaddressed by your question. With her name on it as well as yours, you are probably 'jointly and separably liable', meaning that they can collect the whole amount from either of you, and if one doesn't pay, they'll collect from the other. There are so many other issues that could come up, you need to get a lawyer to look at the documents relevant to your debt to find out what could happen.
2007-02-07 03:19:32 · answer #4 · answered by wayfaroutthere 7 · 1⤊ 0⤋
Bankruptcy laws have changed, but if your trying to get out of something that happen while married than your both accountable and should take care of your obligations.
2007-02-07 03:23:17 · answer #5 · answered by russell c 2 · 0⤊ 0⤋
They will go to whom it says the parties responsible are..If you file bankruptcy or are in the process collection agencys and any other dept collector is forbidden to even contact you..
2007-02-07 03:19:56 · answer #6 · answered by Denny O 4 · 0⤊ 1⤋
Who's name are the bills in?? You are filing bankruptcy for yourself not her. If her name is on them they will become her problem I believe!!
2007-02-07 03:16:01 · answer #7 · answered by Niecy 3 · 0⤊ 0⤋
They have the option to go after her for the bad debt if they choose to do so. It is pretty much their call.
2007-02-07 03:48:13 · answer #8 · answered by stacilynn26 3 · 0⤊ 0⤋