QUESTION
Can I claim my on going medical bills on bankruptcy?
Asked on Sep 24th, 2013 on Bankruptcy - Idaho
More details to this question:
I just filed bankruptcy. I was just divorced and will no longer get health insurance but will have on going medical bills at this time. Can I claim them on my bankruptcy that is going on now?
14 ANSWERS
Car Accidents Attorney serving Mandeville, LA
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Olivier Law Firm, LLC
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The date of filing is the magic moment. Any bills incurred after that date cannot be added to the bankruptcy.
Answered on Sep 26th, 2013 at 9:10 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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The chapter 7 bankruptcy is filed on a specific date. A medical debt for a new service after the filing of the bankruptcy is not eliminated by the bankruptcy because it is a new post-petition debt. We advise clients that if there is a risk of on-going medicals that if possible they need to wait to file bankruptcy until the medical treatment ends or insurance or perhaps medicaid is obtained. I understand that this is not always possible especially with an on-going medical issue.
Answered on Sep 26th, 2013 at 5:19 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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No, only pre-petition debts are included.
Answered on Sep 26th, 2013 at 5:07 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Only debts incurred prior to the bankruptcy filing are part of the case and potentially dischargeable in the case you filed. Debt incurred after the filing are not part of the bankruptcy and cannot be discharged in that case.
Answered on Sep 26th, 2013 at 4:56 AM
You can only include debts in your bankruptcy that existed on the date you filed the case with the Court. So, no, you cannot include medical bills incurred after the filing date of your bankruptcy and they will not be discharged.
Answered on Sep 26th, 2013 at 4:52 AM
Bankruptcy only covers debts incurred to the date of filing the petition.
Answered on Sep 26th, 2013 at 4:40 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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If you have already filed, any medical bills before the date of filing are discharged, any after are not.
Answered on Sep 26th, 2013 at 2:50 AM
2 Awards
You must list all debt owed on the date that you filed for bankruptcy. Any debt incurred after filing bankruptcy cannot be added to your bankruptcy filing.
Answered on Sep 25th, 2013 at 3:35 PM
No. Only debt incurred before your case was filed can be included in your bankruptcy. Take care.
Answered on Sep 25th, 2013 at 11:45 AM
Deborah F. Bowinski
A bankruptcy filing only serves to discharge debts that exist at the time the case is filed at court. Any new debts that are incurred after the bankruptcy filing remain your responsibility to pay.
Answered on Sep 25th, 2013 at 11:43 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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In Chapter 7, debts need to be incurred before the filing of the bankruptcy. In a Chapter 13, in certain circumstances, you may be able to include ongoing bills if they impact your ability to keep up payments.
Answered on Sep 25th, 2013 at 11:06 AM
No. Only bills that were incurred before you file bankruptcy can be included and discharged in your current bankruptcy case.
Answered on Sep 25th, 2013 at 11:03 AM
You cannot add bills on to your bankruptcy that were made after you filed. You can add in bills that were made before you filed if you inadvertently left them off.
Answered on Sep 25th, 2013 at 10:39 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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In a Chapter 7 bankruptcy, only the debts owed the date you filed may be included. In a Chapter 13, sometimes you can include new debts but not usually medical.
Answered on Sep 25th, 2013 at 10:38 AM