Any advantage to married couple filing separately at different times?

[brokenomore]

We have been delaying filing because of my wife's illness and our inability to afford the expensive health insurance she needs. I would never intentionally increase debt knowing I'm going to file, but in this case if we file now and don't buy health insurance or can't keep up with the payments, if something happens, we could soon be in the same boat with a huge judgment because of medical debt.

I presently don't have any health issues and there are some reasons I would like to file as soon as possible and delay my wife's filing for a year until we're in better shape to afford insurance, but...if my wife were to be hospitalized after I file but before she files, would I be liable for part or all of that debt (as I am now from her previous health issues)?

Would it make any sense for me to file now and have my wife file next year?

[btbeme]

Why file now? What is the compelling reason?

One of the consistent guiding principles of Ch 7 is to not file until absolutely ready or absolutely necessary. Which are you?

And, since your wife is ill and creating debt, and since BK is designed to give you a fresh start, is that the same as knowing you are BK but still running up the bill at Tiffany and Co.? I say not... But that is just my opinion.

Your Uncle btbeme says file when ready, and not a moment before. Many more people regret filing too early than too late. Should you feel guilty afterwards, there isn't any law against paying off whatever bills you can after they are discharged.

[brokenomore]

We're not currently adding any debt. But another medical emergency without insurance certainly would.

But the question remains.

If I file only for myself now. And if my wife becomes ill and runs up more medical debt after I file. Will her medical debt be against me, even after she files her own bankruptcy?

[Flamingo]

You can't pick and choose how one can file now or in the future as one can't base a BK filling on events that have not yet even occurred. Also, whoever holds the health insurance is the person responsible for the debt if there is insurance coverage and if there is no health insurance, the party receiving the services is the one responsible. I would highly suggest you sit down now with a BK attorney and go over all your options so you don't end up making some huge mistakes. Best of luck to you...

[brokenomore]

I don't understand the response about "pick and choose." The question is pertaining to a husband and wife filing at different times.

We currently have substantial medical debt and a judgement that is in my name as well as my wife's name, though she was the one who was hospitalized. (And she did have insurance at the time but much wasn't covered).

I don't think my question has been understood so far, so I'll try to rephrase it.

My wife and I jointly have debt and a couple of judgments because of medical debt that we will need to discharge through bankruptcy.

I don't want to file bankruptcy right now--not until my wife is back on a good insurance plan--but I don't think we can afford that right away. So we're delaying filing just in case there would be a medical emergency, as the costs could be discharged when we eventually file. If we file now without insurance and then incur new medical debt, we won't be in much better shape than we are now.

However...what if I file on my own? There are some reasons I would like to be free of judgments, such as being able to make deposits in my checking account without fear of garnishment.

But...if I file alone and my wife incurs new medical debt--if I am held accountable as I was the last time, will her filing of bankruptcy discharge that new debt, or will I be liable for it?

[btbeme]

I stand by the general principle of not filing until absolutely necessary and until ready.

As for filing individually, I would say that varies greatly depending on the situation and state. In a community property state it is difficult to separate assets and debts, so filing together is almost always best. In a situation where there is a clear divide between assets and debts (say, a new marriage where one had this and the other had that, and one had the debts) then it is easier. But, in most cases, I'd lean toward filing together to keep it less complicated - complicated Ch 7 filings ofter force you into bad positions with no recourse whatsoever. But, this is a question better answered by an attorney.

As for your last question - yes, I believe the liability would be yours.

[Flamingo]

I don't understand the response about "pick and choose." The question is pertaining to a husband and wife filing at different times.

We currently have substantial medical debt and a judgement that is in my name as well as my wife's name, though she was the one who was hospitalized. (And she did have insurance at the time but much wasn't covered).

I don't think my question has been understood so far, so I'll try to rephrase it.

My wife and I jointly have debt and a couple of judgments because of medical debt that we will need to discharge through bankruptcy.

I don't want to file bankruptcy right now--not until my wife is back on a good insurance plan--but I don't think we can afford that right away. So we're delaying filing just in case there would be a medical emergency, as the costs could be discharged when we eventually file. If we file now without insurance and then incur new medical debt, we won't be in much better shape than we are now.

However...what if I file on my own? There are some reasons I would like to be free of judgments, such as being able to make deposits in my checking account without fear of garnishment.

But...if I file alone and my wife incurs new medical debt--if I am held accountable as I was the last time, will her filing of bankruptcy discharge that new debt, or will I be liable for it?

By "pick and choose" I meant deciding who was responsible for what and when and how to file....you can't do that trying to base a filing on future events that have not yet occurred. You can only base your financial status on where one stands now. You are basing a future filing (or delaying a filing) on an emergency that may or may not happen and you are in a bad financial way right now. I also tried to explain who would be responsible for what debt if there was or was not insurance involved. There is always a responsible party listed on a form before a medical procedure is done or an emergency at the hospital and the person holding the insurance is the responsible party and if there is no insurance, the person receiving the services is the responsible party. Since you have a financial situation that is or could become complicated with all the medical bills/situation, it would be best to go over all this with an attorney. Best of luck to you both.