Legal Question in Bankruptcy in Virginia

Is codebtor still liable after discharge?

I filed Ch. 7 bankruptcy last year and had some medical bills discharged. The insurance was in my husbands name so he was listed as a codebtor. I filed alone, he has no need to file bankruptcy. I am pregnant again and he is worried that if I go back to the same hospital, they will come after him for the debts I had discharged. Am I right in assuming that since the debts were discharged and he was listed as a codebtor in my petition, they gave up the right to come after him. Or is it possible that they could try to get those old debts from him? Thank you, I look forward to an email soon.


Asked on 12/07/06, 12:02 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Is codebtor still liable after discharge?

The reason co-debtors are listed is not to discharge them, but to give them notice that they can't come back after you if they have to pay the debt. The discharge discharges only you, not the co-debtor. So if your husband guaranteed the medical bills, or if they are "necessaries" (which most medical bills are), he remains liable for them. Nonetheless, it is doubtful that a hospital will refuse to treat you because of unpaid prior bills. They may come after him to try to collect whether or not you go back to that hospital.

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Answered on 12/07/06, 8:00 am


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