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To qualify for medical bankruptcies in the US, you'll need to meet certain criteria. Medical debt is the leading cause of bankruptcy in the US, with over 60% of bankruptcies attributed to medical expenses.
The US has no federal law protecting consumers from medical debt, leaving individuals vulnerable to financial ruin. Medical bills can add up quickly, with the average cost of a hospital stay exceeding $40,000.
To qualify for medical bankruptcy, you'll need to have medical expenses that exceed your income. This can happen even if you have health insurance, as out-of-pocket costs and surprise medical bills can be substantial.
Qualifying for Medical Bankruptcy
You can file for bankruptcy on medical bills, which will eliminate debts from doctors, hospitals, ambulances, and other medical providers.
Many people struggle to pay medical bills, and bankruptcy can be a viable option. A medical bankruptcy will also discharge other qualifying debts, such as credit card balances, personal loans, leases, and utility bills.
To qualify for a medical bankruptcy, you'll need to meet the eligibility criteria, which typically includes having a significant amount of medical debt and limited income.
Some common reasons people file for medical bankruptcy include high medical expenses, loss of income, and unexpected medical emergencies.
Here's a summary of the types of debts that are typically discharged in a medical bankruptcy:
- Debts from doctors and hospitals
- Debts from ambulances and other medical providers
- Credit card balances
- Personal loans
- Leases
- Utility bills
Bankruptcy Process
To qualify for medical bankruptcy, you'll need to go through the bankruptcy process.
The first step is to file a petition with the bankruptcy court, which can be done through the US Courts website or with the help of a bankruptcy attorney.
You'll need to provide financial information, including a list of your assets and debts, as well as information about your income and expenses.
Medical debt can be discharged in bankruptcy, but only if it's not secured by collateral.
In Chapter 7 bankruptcy, which is the most common type, a trustee will take control of your non-exempt assets and sell them to pay off creditors.
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You'll be able to keep certain assets, such as your primary residence and retirement accounts, but may need to give up others, like a second home or investment property.
In Chapter 13 bankruptcy, you'll create a repayment plan to pay off a portion of your debts over time, usually three to five years.
Medical debt can be included in this repayment plan, but you'll need to make regular payments to the trustee.
Bankruptcy Effects
Bankruptcy can have a significant impact on your credit score, with a healthy score of 700 potentially plummeting 200 points. Your credit score may improve after debt is discharged, but it will still be reported as a bankruptcy.
Credit reporting agencies will show a zero balance for your accounts, but instead of "unpaid", they'll be listed as "discharged" or "included in bankruptcy." This can stay on your credit report for years, with Chapter 7 bankruptcies lasting 10 years and Chapter 13s lasting seven years.
Delayed or Foregone Care
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Delayed or foregone care is a growing concern in the US. The high cost of healthcare can lead to people avoiding necessary medical treatment.
This fear of being in debt is a significant factor in delayed or foregone care. The high cost of healthcare and fear of debt can further jeopardize one's health.
Many people, including those who are self-employed, struggle to afford healthcare. For those who are self-employed, including gig workers, often insurance is unaffordable.
As a result, they go without health insurance, leaving them vulnerable to significant medical expenses. The cost of providing insurance to employees has increased while the benefits have shrunk.
Impact on Credit
Bankruptcy can have a significant impact on your credit score, potentially plummeting a healthy score of 700 by 200 points.
Chapter 7 bankruptcies stay on your credit report for 10 years, while Chapter 13s stay on for seven years.
Your accounts won't be reported as "unpaid", but instead will show a zero balance and be marked as "discharged" or "included in bankruptcy."
Treatment after Filing
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Filing for bankruptcy on your medical bills can be a complex issue, especially when it comes to receiving treatment. Most private doctors and medical providers will not provide you with service if you discharge your unpaid bill in bankruptcy.
You might have to pay off your balance with a specific doctor even if you've filed for bankruptcy. This is because doctors have the personal discretion to decide whether to continue treating you.
Hospital emergency rooms are a different story, they may not deny you service due to a prior bankruptcy filing. This means you can still receive emergency medical care even if you've discharged a previous bill in bankruptcy.
Filing and Forgiveness
You can get rid of or "discharge" medical debt in bankruptcy. People regularly file for bankruptcy after serious illnesses and unexpected accidents.
Medical bills that aren't covered by medical insurance can be a major contributor to bankruptcy. You can't afford a high deductible, medical bills can add up quickly.
If you're considering filing for bankruptcy due to medical debt, it's essential to understand that you can discharge these bills in the process.
Hospital Forgiveness
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Hospital Forgiveness can be a lifesaver for those struggling to pay off medical debt. Most hospitals have payment assistance programs for low-income patients.
These programs are usually based on income guidelines for the federal poverty level. A debtor who earns 100% of the federal poverty level will have their bill reduced more than a debtor whose income is 400% of the federal poverty level.
To qualify for hospital debt forgiveness, you may need to supply information like tax returns, pay stubs, and bank statements.
Other Discharged
You can get rid of a lot of debt when you file for bankruptcy. Medical debt, credit card balances, and even gym memberships can be erased.
A bankruptcy filing will eliminate past-due rent, as well as internet and cellphone bills. You can even wipe out car and house payments if you're willing to return the vehicle or home to the lender.
However, student loans can be a bit tricky. In rare instances, they can be discharged, but it's not always the case.
Payment Options
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You're struggling to pay medical bills and wondering if you qualify for medical bankruptcy. First, explore different payment options, including your hospital's financial assistance or "charity care" program. Nonprofit hospitals are required to offer this option.
You can also negotiate a settlement with the medical provider. Many hospitals and other medical providers routinely waive or discount bills for uninsured patients. This can be a good option if you've already resolved all insurance payment issues.
If you don't qualify for charity care or a settlement, consider a payment plan or reduced cost if you pay the bill in a lump sum. Your provider might be willing to work with you to find a solution.
Debt settlement is another option, but it can lower your credit score, so be careful. You can negotiate your debt settlement on your own or use a debt settlement company, but make sure to vet them carefully.
Here are some payment options to consider:
- Financial assistance or "charity care" program
- Payment plan
- Reduced cost for lump sum payment
- Debt settlement (be cautious of credit score impact)
- Negotiating a settlement with the medical provider
Frequently Asked Questions
What disqualifies you from filing bankruptcies?
Exceeding the state's median income can disqualify you from filing for Chapter 7 bankruptcy. Find out how the means test affects your eligibility
Sources
- https://pmc.ncbi.nlm.nih.gov/articles/PMC1127305/
- https://www.businessinsider.com/personal-finance/credit-score/medical-bankruptcies
- https://www.debt.org/bankruptcy/medical/
- https://www.nolo.com/legal-encyclopedia/i-great-credit-huge-medical-bill-should-i-file-bankruptcy.html
- https://myazlawyers.com/can-i-clear-my-medical-debt-by-filing-for-bankruptcy-in-arizona/
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