Aurora, CO asked in Bankruptcy for Colorado

Q: Will a non-filing spouse be held liable for a spouse's medical debts in a Chapter 7? (In Colorado)

Are medical debts dischargeable in a Chapter 7 if they are only under the filing party's name? If the filing party is married, will the non-filing spouse be held liable for a spouse's medical debts in a Chapter 7? (In Colorado)

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Medical debts are dischargeable and non filing spouse will not be liable for them unless she signed agreeing to be responsible.

Clark Dray
Clark Dray
Answered
  • Bankruptcy Lawyer
  • Broomfield, CO
  • Licensed in Colorado

A: I have seen an order dismissing a case where a spouse was sued under the family purpose doctrine for medical debt. However, I also recall that there's a state court judge who has held that a spouse can be liable for medical debts. There's not a lot of case law either way, so you should expect to have to fight it.

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