QUESTION
If I put my doctor’s office down as a creditor, are they still entitled to a portion of my settlement after bankruptcy?
Asked on Oct 09th, 2012 on Bankruptcy - New Jersey
7 ANSWERS
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: If I put my doctor's office down as a creditor, are they still entitled to a portion of my settlement after bankruptcy? *- if you are getting compensation for a "personal injury claim" then that will be exempt from the trustee's hands (in most cases). however, if you already have a personal injury case underway, the trustee will be closely monitoring that case for the outcome so as to determine what portion, if any, can be seized for the pool of unsecured creditors. so, most likely, your doctor will get some money from the settlement, even though your personal liability to pay it can be extinguished through the BKY. *
Answered on Oct 12th, 2012 at 9:59 AM
Your question is unclear. If you are in a Chapter 7 and you list your doctor bills (which you are required to do) you do not owe them any money once you get your discharge. If you are in a Chapter 13, they file a claim and get a share during your bankruptcy but, again, you owe them nothing when you get a discharge. This does not mean that you cannot voluntarily decide to pay them if that is what you want to do. I hope I answered what you meant to ask.
Answered on Oct 12th, 2012 at 3:18 AM
Maybe not, but what you must do is list your right to the settlement, estimate its value and exempt it. Otherwise, you will find that you no longer own your settlement.
Answered on Oct 11th, 2012 at 3:11 PM
Yes, but the doctor may end up receiving little or nothing. Another factor is whether you filed Chapter 7 or 13. Any debts not listed are not dischargeable.
Answered on Oct 11th, 2012 at 2:18 PM
If you are seeing a doctor as a result of a personal injury case, it is likely that the doctor has a lien on the medical records that your pi attorney will need in order to submit your claim to the insurance company. The lien will have to get paid out of the settlement check before you will become entitled to any portion of the settlement. Depending on the size of your settlement, state law does limit how much you can keep. Check with your attorney before filing, but you may be very disappointed to find that if you file bankruptcy, a lot of your settlement will have to be paid to the Bankruptcy Trustee to be used to pay your debts.
Answered on Oct 11th, 2012 at 2:07 PM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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Generally, doctor bills are dischargeable and no post-discharge settlement is needed.
Answered on Oct 11th, 2012 at 2:05 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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First and foremost, did your lawyer sign a letter of protection? I would suspect that no they would not be entitled to the balance of their fees, except to what is payable by insurance. Remember that you may need these doctors for reports, so be careful. If you file, make sure you advise your attorney (bankruptcy) of the pending claim as it has to be exempted out.
Answered on Oct 11th, 2012 at 1:50 PM