debt in wifes name,,, can i claim it on 13?

[brokeNconfused]

well i posted a while back about a debt call after i filed. Turns out it was a medical bill that is in my wifes name. Well my wife does not work and the bill is for my child. They called me today at work and said they were trying to collect a debt.

Ive got a call into my attorney about this one. I was hoping someone can answer this to ease my mind. The only reason the debt is in wifes name is because she took my child to the doctor. We usually keept up with these bill, but somehow this one got away from us and untill last month had no idea of it. This was made before i filed.

can i add the collection to my 13 plan? What if i have the collection agency send the bill in my name? Anyone have this happen before?

[Tbornetun]

It is her debt. It is in her name. It can only be included if she filed jointly with you. I have seen this happen all the time and the spouse ends up filing jointly. We request current statements on all debts and copies of credit reports to assure we have the correct information prior to filing.

[brokeNconfused]

well she didnt file with me.. so even though they are trying to collect from me by calling me.? there is no way my wife can pay this.. she does not work and if i try or do it it would be prefence payment right?

[Tbornetun]

If they have her credit information, it is her debt. Most creditors ask to speak to the spouse when they call. Their job is to harrass. They make it a family affair hoping that one spouse will be easier to break than the other. As for the preference payment, I don't see how paying a bill owed by your wife could harm you any. Are your bank accounts joint? Does the trustee scrutinize every transaction in your bank account? I would just pay the bill, you will need to eventually anyway. If your wife went to the doctor today and accrued a bill, you would need to pay that, right?

[brokeNconfused]

i see your point and yes the trustee scrutinizes every transaction in my account right now. we dont have a joint account, everything is in my name. I am paying back the lowest amount allowed by my state in the 13 plan and i dont think the trustee likes it.

i also wanted to mention the insurance in paid by me though work. the only reason her name may even be assosiated with it is becasue she took my child to the doctors.

[Tbornetun]

I don't think trustees would admit to liking anything. lol

They are a fickle bunch.

Anyway, what can it hurt to ask the trustee if you are able and/or allowed to pay this bill. How much is the bill anyway? $100s or $1000s? What are we talking about here?

[brokeNconfused]

its just a few hundred. i dont have the total amount, but was told if i could afford to pay someone X amount then i need to have my payment to trustee raised. but this is a debt only wife can be held for ?

[Tbornetun]

I beleive so, if she is the one that is listed on their accounts.

[brokeNconfused]

thats just it i am listed on the account too.. i have paid bills for same doctor myself.. just messed up i guess..