QUESTION
How do I file for bankruptcy of medical debt?
Asked on Jan 08th, 2012 on Bankruptcy - California
More details to this question:
If someone has an injury suit pending, can they file bankruptcy in order to be freed from a massive medical debt resulting from the injury?
15 ANSWERS
Domestic Relations Attorney serving Wichita, KS
at
Law Offices of Michael James Studtmann, P.A.
Update Your Profile
Yes.
Answered on Jun 02nd, 2013 at 8:34 PM
Bankruptcy Attorney serving Seattle, WA
at
Symmes Law Group, PLLC
Update Your Profile
Yes.
Answered on May 30th, 2013 at 10:06 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
at
Law Offices of Christine A. Wilton
Update Your Profile
Yes.
Answered on May 30th, 2013 at 10:06 PM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
Yes.
Answered on May 30th, 2013 at 9:58 PM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
You can but the trustee will then take charge of the personal injury action. It is better to file a Chapter 13 so that you can remain in charge of the action. Whatever you do, make sure that your bankruptcy attorney knows about the action because it needs to be scheduled. Failure to schedule can have major repercussions including loss of discharge, loss of exemption and if it really gets dicey, criminal liability.
Answered on Feb 20th, 2012 at 4:55 PM
Bankruptcy Attorney serving Overland Park, KS
at
The Smalley Law Firm, LLC
Update Your Profile
Yes, filing for bankruptcy generally enables you to discharge all of your pre-petition medical bills.
Answered on Jan 20th, 2012 at 3:56 PM
Bankruptcy Attorney serving Cleveland, OH
at
Benson Law Firm
Update Your Profile
In our office, medical debt is the number one reason that our clients file for bankruptcy. However, an injury suit can be a tricky thing and filing bankruptcy may or may not be a good decision. A brief meeting with a qualified bankruptcy attorney in your area would be in your best interest.
Answered on Jan 20th, 2012 at 12:16 PM
Bankruptcy Law Attorney serving Austin, TX
at
Law Office of Susan G. Taylor
Update Your Profile
If you file, you might forfeit the lawsuit recovery to your bankruptcy trustee to pay your creditors. You should consult an attorney to learn all options.
Answered on Jan 20th, 2012 at 11:33 AM
Yes you can file bankruptcy to avoid liability on medical debts for which you haven't yet been billed or sued.
Answered on Jan 20th, 2012 at 9:36 AM
Glen Edward Ashman
Sometimes, but the court may also take the settlement away.
Answered on Jan 20th, 2012 at 9:34 AM
Business Bankruptcy Attorney serving Raleigh, NC
at
J.M. Cook, P.A.
Update Your Profile
Yes, debts related to medical services are dischargeable.
Answered on Jan 20th, 2012 at 8:48 AM
judith runyon
No, because it is not a debt yet.
Answered on Jan 20th, 2012 at 8:24 AM
Medical bills are treated just like any other debt in bankruptcy. Assuming you can pass the means test, you can discharge medical bills in bankruptcy. Timing is an issue though. If you expect to have more medical bills in the future, you may way to delay your bankruptcy (as all debts incurred after you file are NOT discharged). Also you should be aware that part of the judgment you may receive for the injury suit could later be taken to satisfy your debts, whether you file bankruptcy or not. The details are more complicated than I can go into here, so I would recommend you make an appointment with myself or another bankruptcy lawyer in your area to discuss your options.
Answered on Jan 20th, 2012 at 8:22 AM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
at
Law Offices of Robert Parkinson Taylor
Update Your Profile
You could file but probably not the best idea yet. You really need to discuss this in person with a bk lawyer. Your medical providers will probably have a lien against your settlement AND your case or recovery is an asset which can be taken buy the bankruptcy trustee.
Answered on Jan 20th, 2012 at 8:20 AM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
It is very common that someone files bankruptcy due to owing medical debts.
Answered on Jan 20th, 2012 at 8:20 AM