Receiving new medical bills while in Chapter 13 bankruptcy can be a stressful and overwhelming experience. You may be wondering how these bills will affect your bankruptcy plan and what your options are.
Filing for Chapter 13 bankruptcy provides temporary protection from creditors, but it doesn't eliminate your debt. You're still responsible for paying your medical bills, including new ones that may arise during the bankruptcy process.
In Chapter 13, you'll have to make payments to your creditors, including medical providers, through a court-approved plan. This plan can last between 3 to 5 years, depending on your income and expenses.
New medical bills can be a significant challenge in this process, but there are options available to help you manage them.
See what others are reading: Retirement Plan Hardship Withdrawal for Medical Bills
Chapter 13 Bankruptcy Basics
Chapter 13 bankruptcy is a type of bankruptcy that allows you to repay a portion of your debts over time.
The typical Chapter 13 plan lasts for 36 to 60 months, which can be a long time to go without incurring new debt.
On a similar theme: Medical Bankruptcy Statistics
You're not completely cut off from getting new debt, though - you just need to ask the trustee and bankruptcy court for permission first.
You might need to make home repairs, buy a new car, or pay taxes, but you can't just go out and get new debt without checking with the court first.
A Chapter 13 plan can be challenging to stick to, especially if you have unexpected expenses.
Here are some factors to consider when deciding if Chapter 13 bankruptcy is right for you:
- The amount of medical debt: Can you pay it off in a year with monthly payments?
- Your total debt: Are you juggling multiple debt repayments every month?
- The amount of money you earn: What type of bankruptcy can you file?
- The exemptions you can claim to protect your property: Would you lose any property by filing bankruptcy?
Bankruptcy Types and Risks
Filing bankruptcy is a serious decision that requires careful consideration of the types and risks involved.
There are two main types of bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves liquidating your assets to pay off debts, while Chapter 13 bankruptcy allows you to create a repayment plan to pay off debts over time.
The type of bankruptcy you can file depends on your income, and Chapter 13 bankruptcy is typically for individuals with a steady income.
A different take: How to File Medical Bankruptcies
A key consideration when deciding between Chapter 7 and Chapter 13 bankruptcy is whether you can afford to pay off your debts in a year with monthly payments.
Here are the key differences between Chapter 7 and Chapter 13 bankruptcy:
Filing bankruptcy can have risks, including losing property, but understanding the types and risks can help you make an informed decision.
Chapter 7 Bankruptcy
Chapter 7 Bankruptcy provides a way to discharge certain debts, but it's essential to understand its limitations. You can't discharge most tax debts, student loans, or debts incurred through fraud.
If you have a Chapter 13 case, you might consider converting it to Chapter 7 if you incur large post-petition debts that the trustee or court won't allow in your plan. This can be a good option for handling unexpected expenses like medical bills.
In a Chapter 7 Bankruptcy, a trustee may sell some of your assets to pay off creditors, but some assets are exempt from being sold.
Debts Lead to Bankruptcy
Medical debts can lead many people to seek bankruptcy protection, often due to unforeseen illnesses, lack of health insurance, or unexpected medical procedures. Medical expenses can quickly add up, making it difficult for individuals to pay their bills.
According to a study by Elizabeth Warren, more than 60% of personal bankruptcies are due to medical debt. This number is even higher for low-income Americans, with almost all of them having some sort of medical debt.
Medical bills can be overwhelming, and it's essential to consider all options for managing debt. Filing bankruptcy can help reduce or eliminate medical expenses, but it's crucial to weigh the pros and cons before making a decision.
Here are some factors to consider when deciding whether to file bankruptcy for medical bills:
- The amount of medical debt: Can you pay it off in a year with monthly payments?
- Your total debt: Are you juggling multiple debt repayments every month?
- The amount of money you earn: What type of bankruptcy can you file?
- The exemptions you can claim to protect your property: Would you lose any property by filing bankruptcy?
A free credit counseling session can help you figure out whether bankruptcy is the best debt relief option for you.
What Type of Debt
Medical debt is a type of unsecured debt, meaning it's not connected to a specific piece of property. This is in contrast to secured debt, which is backed by property, like a car loan.
You might like: Redeem Property
Secured debt is typically associated with tangible assets, such as a car or a house. Unsecured debt, on the other hand, includes credit card debt, personal loans, student loans, and medical debt. Medical debt is a type of unsecured debt that can be overwhelming for individuals.
In the context of bankruptcy, unsecured debt is treated differently than secured debt. Unsecured debt, including medical debt, is not connected to a specific asset, making it a priority for repayment in some cases.
Here's a breakdown of the types of debt:
- Secured debt: Backed by property, such as a car loan.
- Unsecured debt: Not connected to a specific piece of property, including credit card debt, personal loans, student loans, and medical debt.
- Priority debt: Unsecured debt that gets special treatment under the Bankruptcy Code, including tax debts, child support, and alimony.
Frequently Asked Questions
Can new debt be added to Chapter 13?
To add new debt to a Chapter 13 plan, a court motion is required, showing the debt cannot be paid outside of the plan without harming existing creditors. This process involves modifying the repayment plan with the court's approval.
Can you be sent to collections while in Chapter 13?
No, filing for Chapter 13 bankruptcy protection stops most collection actions against you. This automatic stay helps you avoid debt collection while you work out a repayment plan
Sources
- https://www.nolo.com/legal-encyclopedia/post-petition-debts-chapter-13-bankruptcy.html
- https://www.justia.com/bankruptcy/collections-credit/medical-bills/
- https://www.weissschmidgall.com/practice-areas/bankruptcy/bankruptcy-relief-from-medical-bills/
- https://upsolve.org/learn/get-rid-of-medical-bills-in-bankruptcy/
- https://www.chancemcgheelaw.com/sanantoniobankruptcyblog/what-happens-to-medical-debt-with-bankruptcy-in-texas
Featured Images: pexels.com