Legal Question in Bankruptcy in New York

My question pertains to spousal responsibility in debt proceedings as well as ba

In advance, thank you for taking the time to consider and answer my questions.

I incurred a large medical expense due to an emergency surgical procedure while I was unemployed. This occured 3 months prior to my wedding. It has now been a couple of years and while we have taken care of some of the more manageable expenses, the hospital and surgical bills are still outstanding. I have been served with judgements from both parties, and my wife has recently been served with papers from the sherriff's dept. for wage garnishment from the surgeons. My question is two-fold; a) is my wife legally liable for a debt that I incurred prior to our marriage and are they able to garnish her wages as a result or only go after mine? b) because judgements have already been filed, will filing bankruptcy "erase" those debts or would we have had to filed before they were filed? Again, I appreciate any help and/or advice you can give me. Thank you again for providing this service.


Asked on 8/02/00, 9:39 pm

1 Answer from Attorneys
Shai Oved The Law Offices of Shai Oved

Re: My question pertains to spousal responsibility in debt proceedings as well a

You should speak with a local bankruptcy attorney regarding your wife's liability on the debt. As to the judgments, they can generally be discharged in a bankruptcy (and any judgment liens avoided to the extent they impair an exemption). (More information is needed.)

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Answered on 9/18/00, 2:38 am


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