Can my mother put my medical debt in her bankruptcy filing if I was claimed as her dependent even though I was over 18 years old?

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Can my mother put my medical debt in her bankruptcy filing if I was claimed as her dependent even though I was over 18 years old?

At the time of my injury I was 22 years old. I was a college student and still a dependent on my mother’s taxes. She filed for bankruptcy and put my medical debt in the filing. The filing went through, however the collection agencies are not recognizing this and are still holding me liable for the debts, and keeping the negative accounts on my credit. Who is right in this situation, and am I still liable for these debts?

Asked on August 23, 2011 North Carolina

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

This is not a bankruptcy issue.  You either owe the debt or you don't.  Whether or not you owe the debt is a matter of state law.  Your mother's bankruptcy only discharged her from the obligations to pay on debts that she owed.   If one person's bankruptcy could eliminate other people's debts, then only one person would have to file bankruptcy and everyone else in the country would be covered.  That's obviously nonsensical.

If you were an adult when the debts were incurred, and they were incurred in your name, why would you think you are not liable on them?

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

This is not a bankruptcy issue.  You either owe the debt or you don't.  Whether or not you owe the debt is a matter of state law.  Your mother's bankruptcy only discharged her from the obligations to pay on debts that she owed.   If one person's bankruptcy could eliminate other people's debts, then only one person would have to file bankruptcy and everyone else in the country would be covered.  That's obviously nonsensical.

If you were an adult when the debts were incurred, and they were incurred in your name, why would you think you are not liable on them?

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr


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