Legal Question in Bankruptcy in Arkansas

doctrine of necessaries

Under the Doctrine of necessaries, should a separated spouse be notified as a creditor in a bankruptcy hearing when spouse files individual bankruptcy listing ''necessaries'' dating back to the time when the two were living together, and includes medical bills where condition of admission forms were signed by spouse seeking bankruptcy?


Asked on 5/04/03, 2:09 pm

2 Answers from Attorneys

Herb Southern The Southern Law Firm

Re: doctrine of necessaries

I tried to write you back and the email was rejected. Please call me at 479-582-5800

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Answered on 5/05/03, 9:52 am
Herb Southern The Southern Law Firm

Re: doctrine of necessaries

The short and long answer is "I always do" as to debts where there is any reason to believe that the couple are co-debtors. It is strange, however, if she is wanting to discharge debts that she would list you as a creditor to her under DON. That is a fight that she should not be in. The hospital could perhaps use DON to come after you as a co-debtor if she is discharges, but as you have explained it, I tend to think it pretty much irrelevant.

That having been said, I embelish the answer by qualifying that I have not seen the filing, do not know what court orders there may be in place, and I would have several more questions for you if you were sitting here discussing it. Thus, please don't take this answer as the final word, it is just a gut reaction to the question as asked. I suggest that you seek out an Attorney that can sit down with you and answer all of your questions after seeing the "big picture". If I can be of assistance, please call to make an appointment.

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Answered on 5/04/03, 4:19 pm


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