How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 90943
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I would love to get your help on the legality of our particular

Resolved Question:

I would love to get your help on the legality of our particular situation. I am currently in the process of going through bankruptcy (as a individual vs. married). The reason for the bankruptcy is due to the medical bills that I strictly have accumulated over the past two years, in my name only. The two main hospitals that I had applied for financial hardships asking to make one reasonable mo. payment instead of numerous payments for each visit totaling over $850 a mo. Since I submitted all my families financial information and was denied I have been served Warrant in Debt Subpoena with them listing both myself and husband. Do they have a legal right to come after him even after I file my bankruptcy? I have not worked since my stroke, seven surgeries and numerous other complications. On top of all this, many of the new hospital bills they are coming after us for are the amounts that insurance is not and will not pay for even those there has been no lapse in coverage, just went on Cobra from employer, which has been trying to drop. There is no other insurance I am eligible for and as so concerned that we have no rights in any of this. I would be grateful for any word of wisdom from you! Thanks and
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The VA courts apply what is called the "doctrine of necessaries" which is a common law principle based on the relationship of the parties to the debtor and the duties owed to the debtor by the parties. See: Zelnick v. Adams, 263 Va. 601, 561 S.E.2d 711 (Va., 2002) (discussing infancy and doctrine of necessaries). The courts hold that each spouse owes the duty of mutual care and support of the other spouse and the providing of medical care is within the scope of that duty. This is what the creditor is pursuing your husband based upon after you filed your bankruptcy and they cannot come after you because of that bankruptcy. Sadly, this does mean they can get a judgment and collect against him based on this debt, since he has not filed bankruptcy along with you and he may want to consider joining you in the bankruptcy now as a marital bankruptcy to avoid this debt and have it completely extinguished.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


Customer: replied 1 year ago.


Thank you so much for your help, that is exactly what we were worried about and because all our accounts are joint and he is self employed as a licensed LMFT, I just updated him to an LLC. I don't think that will stop them for coming after him for the debt and garnishments. I must say, it is disheartening these days when you make every attempt to make arrangement to pay debts (never missed one payment) and once they had all the documents from the hardship application, they used them to come after both of us with a warrant in debt. Both are non profit hospitals that apparently debt and as well. I am grateful for your response because it concerned me greatly that my bankruptcy lawyer didn't no the answer but said he didn't think it was possible for them based on the fact that they were not my husbands bills and he only signed me in to the ER when I was critical so he felt he could not be held liable. I really don't want to and cant afford two bankruptcy's so the answer your giving me is crucial...thank you! I will look up the cases you noted and ask that you give me any other search/doc. to read up on prior to filling my bankruptcy tomorrow.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, I am afraid that the courts will in most all cases consider medical debt of one spouse to be a duty of the other spouse to pay. Thus, even the LLC would not protect him at this point I am afraid. Medical debts have become problematic for so many I am sad to say. I am afraid that if you do not do the marital bankruptcy they will still be able to garnish him and you have to weigh the cost of the bankruptcy versus the cost of them garnishing him.
Customer: replied 1 year ago.

Thank you! Your wisdom will help us to stop the financial bleeding by proceeding with the marital version. Are we protected once the bankruptcy is filled prior to the warrant in debt going to court? MY last question...thanks :)

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, you are protected if you file the bankruptcy now and when you do you notify the court where the warrant in debt is filed and that proceeding has to be stopped until the bankruptcy is decided and if bankruptcy is awarded the debt is extinguished and that suit is dismissed.
Law Educator, Esq., Lawyer
Satisfied Customers: 90943
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 14 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas