What to do if my son’s mother filed for bankruptcy and all the accrued and pending medical bills have gone to collections and have ruined my credit?

She claims that she is no longer responsible for half of these bills. Is that true? Can she no longer be held responsible for these bills so therefore they are now my sole responsibility?

Asked on February 17, 2015 under Bankruptcy Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, it may be true: bankruptcy can discharge, or eliminate, unsecured debt, like medical bills. Depending on the type of bankruptcy she filed (Ch. 7 or Ch. 13), whether she has assets or not, etc., she may have to pay some portion of those bills--or she may not have to pay anything. The creditors can look to you for anything she does not pay, which means that you may need at some point to consider bankruptcy, too.

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