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Medical bill responsibility of minor children

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nilzamd

Junior Member
What is the name of your state (only U.S. law)? NJ

A hospital is suing a 21 year old individual for medical bills arising of three emergency room visits while the individual was under 19, living with his parents and attending school. The debts were discharged in the individual's parents' Chapter 7 Bankruptcy and the attorney for the hospital was given written notice of the bankruptcy filing. In a correspondence of the hospital's attorney to the 21 year (prior to filing the complaint) the attorney claimed the debtor is an adult and is responsible for the debt. Is this true? What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NJ

A hospital is suing a 21 year old individual for medical bills arising of three emergency room visits while the individual was under 19, living with his parents and attending school. The debts were discharged in the individual's parents' Chapter 7 Bankruptcy and the attorney for the hospital was given written notice of the bankruptcy filing. In a correspondence of the hospital's attorney to the 21 year (prior to filing the complaint) the attorney claimed the debtor is an adult and is responsible for the debt. Is this true? What is the name of your state (only U.S. law)?
Could very well be true, yes. NJ considers 18 to be the age of majority, when a person becomes legally responsible and is considered to be an adult.

Hold old was he when the debts were actually incurred?
 

nilzamd

Junior Member
The individual was 18 and 19 when he received medical attention in three different emergency room visits. Wouldn't the fact that he is not legally emancipated make the parents responsible for the debts and therefore, the debts being discharged through their bankruptcy?
 

Silverplum

Senior Member
The individual was 18 and 19 when he received medical attention in three different emergency room visits. Wouldn't the fact that he is not legally emancipated make the parents responsible for the debts and therefore, the debts being discharged through their bankruptcy?
"Legal adult" = "emancipated".

If NJ's "legal adult" age is 18, and what I've Googled says it is, then the recipient of medical services at age 18 is responsible for the payment of those services himself.
 

Proserpina

Senior Member
The individual was 18 and 19 when he received medical attention in three different emergency room visits. Wouldn't the fact that he is not legally emancipated make the parents responsible for the debts and therefore, the debts being discharged through their bankruptcy?
Because New Jersey has some lesser common guidelines regarding legal emancipation, your friend would be best off seeking guidance from an attorney.

On another note, bankruptcy does not make a debt disappear - it simply makes the petitioners no longer personally liable for the debt. In this case, it seems that this individual could very well be held responsible for the debt.
 

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