Will my filing bankruptcy remove medical bills from my husband’s credit report?

I am considering filing bankruptcy as I have several unpaid medical bills. A few bills have also been reported on my husband’s credit since the insurance was under him through his employer at the time they occurred. If I file bankruptcy on everything, will those remove them from his credit report or can they still try to collect them through him?

Asked on May 27, 2012 under Bankruptcy Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Both you and your husband will need to file bankruptcy.  If you file bankruptcy, but your husband does not, the creditors will go after your husband for your unpaid medical bills.

Depending on your income and other factors, you and your husband may be eligible to file Chapter 7.  Chapter 7 bankruptcy is straight liquidation which eliminates debts depending on the type of debt.  If you and your husband are not eligible to file Chapter 7, an alternative would be to file Chapter 13.  Chapter 13 bankruptcy requires a plan (budget) for repayment of creditors.


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