What to do if my husband has a medical bill of over $13,000 that has gone into collections?

The law firm handling the collection has told us that my husband is able to make payments but that this action will not stop the collections process, including possible asset seizure, etc. My husband is thinking about filing for bankruptcy. Is this the best solution? What are the repurcussions of filing for bankruptcy on him? Will there be consequences for me as well since we are married?

Asked on September 22, 2012 under Bankruptcy Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal law, your husband is entitled to file for bankruptcy protection. However, the debt if incurred during the marriage for the medical bill of $13,000 is a marital debt which you are obligated for as well under the laws of most states in this country. As such, if you do not file for bankruptcy protection but your husband does, his filing will not assist you based upon what you have written.

I suggest that you and your husband consult with an attorney that practices consumer and bankruptcy law to further advise you as to what your legal options are. From there, you can make your decision as to how you wish to proceed.

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