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Asked 3/5/2009

Bankruptcy and divorce decree

My ex-husband has filed bankruptcy and he owes me money for our children's outstanding medical bills. It is stated in our divorce decree that he is responsible for two thirds of non covered medical expenses. He did not pay hospital bills for three months and the hospital started calling me for collection. Can he get out of paying me for the hospital bills?

 
 
 
 
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Answer 1/1 - Submitted 1/30/2012

In a situation such as this, the dischargeability of the debt is in question. If the husband has listed this debt on his Schedule F of unsecured debts, those debts would be subject to discharge and he would no longer have to pay on those. It would be the ex-wife's responsibility to hire an attorney, file an objection to the dischargeability of the debt, and a judge would then decide if the ex-husband should still be required to pay for those based on the terms of a divorce judgment or whether the debt will be discharged.

 
 
 
 
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