Question

Can I include my wife's medical bills in my bankruptcy file?

I am filing a single bankruptcy, but would like to include my wife's medical bills. She doesn't make enough to cover them anyways. Is this legal to do?
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Answered By: Philip R. Boardman, Attorney at Law
You probably should list them. She may need to file with you. F

Answer Applies to: Virginia
Replied: 11/16/2011

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Answered By: Joseph Lehn, Esq
If you file the petition alone, you will only be able to list your debts, not your wife's. You might want to consider filing a joint petition so that these debts can be discharged.

Answer Applies to: Florida
Replied: 11/14/2011

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Answered By: Paul Stuber, Attorney at Law
You should list the debts as you may have an obligation on them. If you file a single bankruptcy she will still owe on the debts.

Answer Applies to: Colorado
Replied: 11/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
A person filing for bankruptcy can only discharge debts that they are obligated to pay. You cannot discharge yor wife's obligation to pay the medical bills. Your filing will dishcharge any liablity you may have. Yes you can include them in your filing because as her spouse you may have some obligation to pay her medical bills. Your filing just won't help your wife.

Answer Applies to: California
Replied: 11/14/2011

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Answered By: Buff & Chronister
You cannot include your spouse's debts in your Bankruptcy. If you and your spouse have a joint obligation, then you should list the debt on your schedules and disclose your spouse as the co-debtor. Your obligation will be discharged but your spouse's obligation will not be discharged. In order to discharge your wife's medical bills, the two of you should file a joint case.

Answer Applies to: Georgia
Replied: 11/14/2011

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Answered By: The White Rose Group
If you are the debtor on those medical bills, then yes you can discharge them through your bankruptcy.

Answer Applies to: New York
Replied: 11/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
You must included the medical debts as they are community debts. She however will still owe them. It probably makes sense for you both to file.

Answer Applies to: California
Replied: 11/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles R. Nettles - Attorney at Law
It's legal to list anyone you want to but listing them doesn't automatically make them go away. Your filing listing her bills merely relieves you of any liability on those bills. If they are in your wife's name, they can still come after your wife.

Answer Applies to: Texas
Replied: 11/14/2011

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Answered By: Guardian Law Group PLLC
You would include them as a family debt which would extinguish your liability but not your wifes, in order to do that, she would also need to file.

Answer Applies to: Utah
Replied: 11/13/2011

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Answered By: Charles Schneider, P.C.
Her bills are her debts therefore No.

Answer Applies to: Michigan
Replied: 11/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Marc S. Stern
You are required to include all bills, separate and community. If these bills were incurred while you were married, there is a likelihood that they are also your separate bills also under a doctrine of necessity. in any event, since you are in Washington, all of your spouse's bills should be included. Both you and the marital community will receive a discharge. Consequently, as long as the two of you are married, the creditor cannot collect the debt from community assets, i.e. marital assets. However if that status gets changed of if (s)he has separate assets, the obligation can be collected from the separate property (assuming a proper law suit and judgment). This does not mean that they will not try to collect. It only means that if you are vigilant and keep your attorney advised, they will not be able to collect involuntarily.

Answer Applies to: Washington
Replied: 11/13/2011

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Answered By: Alfred Law Firm
No you cannot include her debt unless you are a co-debtor on the accounts. You should consider filing a joint bankruptcy, since she also cannot afford to pay her bills.

Answer Applies to: Georgia
Replied: 11/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
You can include all bills for which you have personal responsibility. You cannot receive a discharge for someone else who is not filing bankruptcy.

Answer Applies to: California
Replied: 11/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
Unfortunately, adding your wife's medical bills to your bankruptcy will not eliminate her responsibility to pay them. Thus, it would be better for your wife to file with you. Discover the secrets of bankruptcy and eliminate your debt.

Answer Applies to: Colorado
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Joseph A. Mannis
You can, but if she doesn't file, they're certainly entitled to keep trying to collect from her, so I'm not sure what you've accomplished.

Answer Applies to: California
Replied: 11/12/2011

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Answered By: G. Anthony Yuthas & Assoc.
Nothing illegal, but the debt relief will only make it so that you are not liable. You wife will remain liable on any bills with her name involved.

Answer Applies to: Colorado
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Bankruptcy only covers or "discharges" liability on the debts owed by the person who files bankruptcy. If your wife can't pay the bills she has, she should consider filing bankruptcy with you in a joint bankruptcy petition.

Answer Applies to: Indiana
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
You can include the bills in your bankruptcy so that they can never try to collect from you, but she will still be liable for that debt.

Answer Applies to: New York
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Moore Taylor & Thomas PA
You can include your liability on your wife's medical bills, but unless she files, too, she will continue with any liability she has for those bills.

Answer Applies to: South Carolina
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
You can list the medical bills and probably should, to ensure your obligation is discharged. Unfortunately, your bankruptcy will not discharge your wife's debt.

Answer Applies to: Colorado
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rhonda R. Werner Schultz, PL
You should include the debts in your filing, along with any other debts in her name that were incurred during the marriage as they are marital and creditors have a right to pursue you to collect those debts. Your filing an individual bankruptcy will not protect your Wife in anyway. Creditors will still be able to pursue her for the debts, but they will not be able to pursue you for the debts because you will be protected under the bankruptcy case. If you want her protected, you should file a joint bankruptcy and include all debts, hers and yours.

Answer Applies to: Wisconsin
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Xochitl Anita Quezada
You can only include your debts. The creditor will see that the names and socials don't match. However, the two of you can file bankruptcy jointly.

Answer Applies to: California
Replied: 11/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
The only debts dischared are the debts of the person who files. Your bankryptcy does not legally discharge her debts.

Answer Applies to: California
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Christine A. Wilton
If you are married, then you must disclose all assets and liabilities for both spouses, even if you're filing an individual case. Remember that you are discharging (1) your legal obligation to pay the debts; and (2) the community's legal obligation to pay the debt. However, your spouse's liability to pay the debt remains if she is not filing with you. I am seeing the non-filing spouse's credit report and score having some major issues when only one spouse files for bankruptcy. Tread carefully.

Answer Applies to: California
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Weber Law Firm, P.C.
No. Your bankruptcy filing will not discharge her liability for the medical bills. It will only discharge your liability under Texas state law.

Answer Applies to: Texas
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
No. Debt is personal, she would have to file to get rid of them.

Answer Applies to: Florida
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Buff & Chronister, LLC.
No. You can only include debts you are personally responsible. If your wife cannot afford her medical bills, then why is she not also filing with you as a joint filing?

Answer Applies to: Georgia
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: A Fresh Start
No, you can only discharge debts that you're responsible for.

Answer Applies to: Illinois
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Symmes Law Group, PLLC
She will still be liable for the debt.

Answer Applies to: Washington
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Your bankruptcy cannot eliminate her liability on her bills unless she files. It is obvious that you are about to make a pro se blunder. Both of you need to see a lawyer and do it right.

Answer Applies to: Georgia
Replied: 11/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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