Medical Bankruptcies Lawyers Guide to Debt Relief

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Medical bankruptcies are a harsh reality for many individuals and families. According to the American Journal of Public Health, medical debt is the leading cause of bankruptcy in the United States, accounting for 62.4% of all bankruptcies.

Filing for bankruptcy can be a complex and intimidating process, but it's often a necessary step towards debt relief. Medical bankruptcies lawyers can provide guidance and support throughout the process.

The average cost of a medical bankruptcy case can range from $5,000 to $20,000, depending on the complexity of the case and the attorney's fees.

Bankruptcy Options

Medical debt can be discharged in a Chapter 7 bankruptcy, giving you a clean slate.

In a Chapter 7 bankruptcy, medical debt is completely eliminated, and you won't owe a single penny.

A Chapter 13 bankruptcy allows you to pay back a portion of the medical debt through a monthly repayment plan.

You'll often end up paying back only pennies on the dollar of the debt you owed, thanks to the Chapter 13 bankruptcy plan.

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With a Chapter 13 bankruptcy, you'll make new payment arrangements, preventing creditors from trying to collect the debt.

Medical bills are considered unsecured debt, making them easier to discharge in a Chapter 7 filing.

You'll need to work with an experienced bankruptcy attorney to determine the best course of action for your medical bill debt.

A bankruptcy attorney can help you understand what assets you can keep before filing and guide you through the process.

By filing a Chapter 7 or Chapter 13 bankruptcy, you can permanently discharge or wipe out medical obligations.

Understanding the Process

Medical bankruptcies can be a complex and overwhelming process, but understanding the basics can help you navigate it more effectively.

Nationwide surveys indicate that overwhelming medical bills or illness-related work losses contribute to a majority (66.5 percent) of bankruptcy filings.

To file for bankruptcy, you need to know that all your outstanding debts and assets may be fair game, including medical bills.

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Bankruptcy law categorizes debts as secured, unsecured, or priority debt, with unsecured debt, including medical bills, having the lowest priority for repayment in the eyes of the Bankruptcy Court.

Filing for bankruptcy is a time-consuming and detail-oriented process that can significantly impact your finances and legal rights, so it's essential to have an experienced bankruptcy attorney by your side.

When to File

You can file for medical bankruptcy at any point, but keep in mind that once you file, you won't be able to file again for several years.

If you have a chronic illness or expect additional medical bills in the next few years, it may be wise to hold off on filing bankruptcy.

All of your debts will be factored in when you file for bankruptcy, including other large debts in collection and outstanding judgments against you.

Filing for bankruptcy can address these other debt problems and provide relief from garnishment.

Bankruptcy Code and Debt Treatment

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Medical debt is a common factor in many bankruptcies, with two-thirds of all bankruptcies tied to medical issues due to high costs or lost income from being out of work.

Unsecured debt, including medical bills, has the lowest priority for repayment in the eyes of the Bankruptcy Court. Secured debt, on the other hand, is backed by collateral that can be seized for nonpayment.

Outstanding medical bills may be discharged or reduced depending on the type of bankruptcy pursued – a Chapter 7 liquidation or a Chapter 13 reorganization. In a Chapter 13 bankruptcy, you'll pay back a portion of the medical debt through a monthly repayment plan.

The amount not paid during the Chapter 13 bankruptcy will be eliminated, often leaving you paying back pennies on the dollar of the debt you owed.

Finding Help

If you're struggling with medical debt, seeking help from a medical bankruptcy lawyer can be a game-changer.

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Research shows that two-thirds of people who file for bankruptcy cite medical issues as a key contributing factor. Medical bills and other financial issues contribute to over 530,000 families filing bankruptcy each year.

A knowledgeable medical debt bankruptcy lawyer can help you by providing sound legal advice, researching and reviewing bankruptcy law, evaluating your assets and debts, and identifying whether Chapter 7 or Chapter 13 bankruptcy is better for your case.

You may be unable to work while tending to your health, and medical costs continue to rise. Many people are uninsured or have insurance that doesn't cover the full cost of medical bills, leading to harassing phone calls and an inability to pay off debt.

Having a lawyer on your side during bankruptcy proceedings can give you peace of mind and reduce uncertainty during this stressful time. A medical debt lawyer will guide you and fight for the best possible outcome through every step of the bankruptcy process.

If you're overwhelmed by medical debt, contact a medical debt bankruptcy attorney to discuss whether a bankruptcy filing might help you make a fresh start. They can help you explore your legal options and get some relief.

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Here are some key services a medical debt bankruptcy lawyer can provide:

  • Providing sound legal advice based on years of experience and familiarity with the US Bankruptcy Code
  • Researching and reviewing bankruptcy law to identify shortcuts and streamline the process
  • Evaluating your assets, debts, and income to determine whether bankruptcy is the best option for your situation
  • Identifying whether Chapter 7 or Chapter 13 bankruptcy is better for your case
  • Determining whether your medical debts are eligible to be discharged after your bankruptcy case is resolved
  • Handling bankruptcy-related paperwork promptly and accurately
  • Protecting you from harassing behavior by creditors and collection agencies

Debt Elimination

Medical debt can be a significant burden, but it's often dischargeable in bankruptcy. In a Chapter 7 bankruptcy, medical debt is completely eliminated and you'll get a clean slate.

The type of bankruptcy you choose can significantly impact the outcome. A Chapter 13 bankruptcy, on the other hand, involves paying back a portion of the medical debt through a monthly repayment plan, with the amount not paid during the bankruptcy being eliminated.

To qualify for Chapter 7 bankruptcy, you must meet the income limits, which are based on the median income for a household of your size in your state. If you cannot afford to pay some money toward your debts, many of them can be discharged.

In a Chapter 13 bankruptcy, you'll pay what you can afford to pay for 3-5 years, and any unsecured balance that's not paid is wiped out. To qualify for Chapter 13, your total unsecured debt must be under $419,275.00 and secured debt under $1,257,850.00.

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Here are the key differences between Chapter 7 and Chapter 13 bankruptcies:

Ultimately, the goal of bankruptcy is to provide a fresh start and eliminate debt. By choosing the right type of bankruptcy and working with an experienced lawyer, you can achieve a clean financial slate.

Local Support

Medical bankruptcies can be devastating, but local support can make a big difference. Many medical bankruptcies lawyers offer free consultations to help you understand your options.

In some cases, medical debt can be discharged in bankruptcy. According to the article, nearly 62% of medical debt is unsecured, making it eligible for discharge.

Local support groups can provide emotional support and connect you with resources. These groups often have experienced members who have gone through similar situations.

The article highlights the importance of local support in navigating the complex medical debt system. It's not uncommon for people to feel overwhelmed and alone in their struggles.

Credit: youtube.com, FOX News with MD Bankruptcy Lawyer David Ruben discussing medical bills

Local non-profit organizations, such as the National Foundation for Credit Counseling, offer financial counseling and education. They can help you create a plan to manage your debt and get back on track.

Medical bankruptcies lawyers often have connections with local resources that can provide additional support. They can help you access these resources and get the help you need.

In some areas, local hospitals and healthcare systems offer financial assistance programs. These programs can help reduce medical debt and prevent bankruptcy.

State-Specific Help

In some states, medical bankruptcies are more common than others. For example, a study found that medical debt was the primary cause of bankruptcy in 42% of cases in Texas.

If you're struggling with medical debt in Texas, you may want to consider seeking the help of a medical bankruptcies lawyer. They can help you navigate the complex process of filing for bankruptcy and protect your rights as a consumer.

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In California, medical debt is a leading cause of bankruptcy, with 1 in 5 bankruptcy filings attributed to medical expenses. This is likely due in part to the high cost of healthcare in the state.

A medical bankruptcies lawyer in California can help you understand your options for dealing with medical debt and develop a plan to get back on your feet.

Some states have laws that protect consumers from medical debt, such as Oregon, where patients cannot be charged more than the Medicare rate for emergency services.

Managing Unpaid Bills

You can discharge medical debt through bankruptcy, but it's not a simple process. Chapter 7 bankruptcy requires selling off assets to pay creditors, but some debts, including medical bills, may be forgiven.

To file for Chapter 7 bankruptcy, you must meet income limits, which vary by state. In North Carolina, the median income for a household determines eligibility. If your income is below the median, you're presumptively eligible for bankruptcy.

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If your disposable income is above the median, you may not qualify for Chapter 7 and should consider Chapter 13 bankruptcy instead. Chapter 13 involves developing a payment plan to repay debts over time.

Here are the income limits for Chapter 7 bankruptcy in North Carolina:

A medical debt bankruptcy lawyer can help you navigate these complex rules and determine the best course of action for your situation.

File Bills

You can discharge medical bills through bankruptcy, but it's essential to meet income limits to file a Chapter 7 bankruptcy. If your current monthly payment is less than the median income for a household of your size in North Carolina, you're presumptively eligible for bankruptcy under Chapter 7.

Chapter 7 bankruptcy requires selling off assets to pay creditors, but some debts may be forgiven, including medical bills. However, you must pass the Chapter 7 bankruptcy means test, which focuses on your income and allowable expenses.

Your disposable income is calculated by deducting allowable expenses from your income. If your disposable income is more than the median monthly income in North Carolina, you may not be eligible for Chapter 7 bankruptcy.

Helping You Pay Unpaid Bills

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You can permanently discharge medical bills in a Chapter 7 filing, which means you won't have to pay them back.

If you're struggling to pay your medical bills, you might be able to make new payment arrangements through a Chapter 13 filing, which can prevent creditors from collecting the debt.

Filing for bankruptcy can be a complex process, and it's essential to have a professional handle all the paperwork and court appearances.

You can file for medical bankruptcy at any point, but keep in mind that you won't be able to file again for several years, so consider your financial situation before making a decision.

If you have other large debts or are experiencing financial difficulties, bankruptcy might be able to address these issues and provide relief.

Greg Brown

Senior Writer

Greg Brown is a seasoned writer with a keen interest in the world of finance. With a focus on investment strategies, Greg has established himself as a knowledgeable and insightful voice in the industry. Through his writing, Greg aims to provide readers with practical advice and expert analysis on various investment topics.

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