Question About How To File On Wife's Bills

Question:
Me and my wife are about 15k in debt due to the arrival of our first child. The problem is that some of the doctors have listed the bills in my wife's name. She is a Canadian national, currently going through the immigration process, is not working (isn't even legally able to work), and has no source of income of her own, and I signed a sponsorship agreement with the US governerment making me financially responsible for all my wife's bills while she is going through the immigration process. When we made the payment arrangements with the doctors, initially, I was listed as the gurantor on her bills. However, some of the billing offices for the these doctors have started sending the bills in my wife's name, not mine. I've called several of them that have done this and gotten the mistaken straightened out, yet some of them refuse to adhere to the original agreement or accept that I'm the one paying my wife's bills. My question is this: If I file for a Chap 7 bankruptcy, how can I include my wife's bills? Since she is not a US citizen I know she doesn't have the same protections as US citizens do, but since we're married and I am the sole income provider in the family, as well as having a agreement with the Gov saying I"m the one responsible for paying her bills, can I still include them with my case and get the medical bills discharged?

Answer:
If you file an individual bankruptcy, you can discharge your debts; you cannot discharge your wife's debts. If both of you file jointly (and her Canadian citizenship doesn't prevent her from filing), you can discharge both your and her debt. I strongly recommend speaking with a local bankruptcy attorney.





Categories