Can I BK a debt that's in my wife's name alone?

[bcohen]

Hi. I live in Arizona, which is a community property state, so technically I am liable for the debt along with my wife. The debt in question is a medical bill, which was recently incurred, and is way too high for me to pay. She paid $200 at the time services were rendered, and now there is a balance owing of more than $650, which we do not presently have.

The bill is in her name alone, as I did not accompany her to the doctor. Can I include this in my bankruptcy? I am planning to file next week, in my name alone (she is not going to file).

[helpmeout]

Hi. I live in Arizona, which is a community property state, so technically I am liable for the debt along with my wife. The debt in question is a medical bill, which was recently incurred, and is way too high for me to pay. She paid $200 at the time services were rendered, and now there is a balance owing of more than $650, which we do not presently have.

The bill is in her name alone, as I did not accompany her to the doctor. Can I include this in my bankruptcy? I am planning to file next week, in my name alone (she is not going to file).

That is a question for your attorney. I think it would be prudent to list it since you are in a community property state. But that won't relieve your wife of having to pay for it as they can still go after her for the debt.

[despritfreya]

You absolutely list the medical bill in your bk as it is a community debt. You will receive a “community discharge” which will protect your wife to the extent she does not have any sole and separate property. This protection will continue until there is no longer a “community”. Just remember that the creditor can contact her and can sue her but it cannot collect on any judgment unless she has sole and separate property.

Des.