February 15, 2018

Background:

  • Debtor and former wife divorced.
  • Divorce agreement: wife to carry medical insurance and husband to pay ½ of uncovered medical expensed for their children.
  • Debtor filed Chapter 13 Bankruptcy
  • Ex-wife filed a proof of claim for Debtor’s share of medical expenses.
  • Some of the medical expenses were over 9 years old.
  • Debtor claimed that he was not responsible for paying medical expenses over 3 years old.

Court Ruling:

  • Debtor did not state cite any statute of limitations for making such claims.
  • The divorce agreement did not stipulate the time in which ex-wife was to submit the bills for payment.
  • Medical bills were put into the Debtor’s Plan; however, Court agreed with the Debtor’s objections on only 3 medical bills.