Chapter 7 bankruptcy can be a complex and intimidating process, but understanding its potential benefits can help alleviate some of the stress. In most cases, Chapter 7 will eliminate your medical bills and other debts.
However, it's essential to note that some debts, like student loans and taxes, are usually non-dischargeable in a Chapter 7 bankruptcy. This means that even after completing the bankruptcy process, you'll still be responsible for paying these debts.
To qualify for Chapter 7, you'll need to pass the means test, which assesses your income and expenses to determine if you have enough disposable income to repay a portion of your debts. If you don't qualify, you may need to consider other bankruptcy options, such as Chapter 13.
Chapter 7 and Medical Bills
Most medical and dental bills are considered unsecured debts, which means you can likely discharge all of the debt by filing for Chapter 7 bankruptcy protection.
You can include medical bills owed directly to doctors, hospitals, treatment centers, and rehabilitation clinics in a bankruptcy filing. Even bills resulting from car accidents can be discharged.
Filing Chapter 7 bankruptcy will put an immediate stop to a wage garnishment or a frozen bank account. In most cases, your lawyer can also remove liens.
The sooner you contact a lawyer, the more options you will have. It's essential to realize that which chapter you file can directly impact how much, if anything, you are required to repay to your care providers.
You must pass the "means test", an income-based analysis, to successfully file and be discharged in Chapter 7. This test determines if you have the ability to repay the debt through a Chapter 13 filing.
Medical debt can be discharged in a Chapter 7 bankruptcy, but it's not a decision to be taken lightly. Bankruptcy will have a long-term impact on your credit report, lasting anywhere from 7 to 10 years.
Understanding Chapter 7
If you don't have a stable or regular source of income and your assets are worth little or next to nothing, Chapter 7 bankruptcy might be a good option for you.
There's no limit on the number of debts you can have, making it a viable option if your primary goal is to eliminate medical debt.
You can discharge medical debt in a Chapter 7 bankruptcy, which can provide some much-needed relief.
Before you file, keep in mind that Chapter 7 will have a long-term impact on your credit report, lasting anywhere from 7 to 10 years.
Debt Negotiation
Debt negotiation is a viable option for those struggling with medical bills. According to the Bureau of Labor Statistics, the average American household spends more than $5,000 per year on healthcare, and often believes they are obligated to pay the dollar amount their medical provider or insurer says they owe.
You can negotiate medical and hospital bills through various strategies, including seeking financial assistance or enrolling in a gradual repayment plan. This can help reduce or eliminate medical debt.
However, if creditors are now threatening to garnish your wages or even sue you, you may need to consider other options. Medical bankruptcies are very common, unfortunately.
A good starting point is to speak with an experienced bankruptcy lawyer who can help you determine the best course of action. Our bankruptcy attorneys will help you decide whether to file now, wait to file, or don't file at all.
Considering Chapter 7
Chapter 7 bankruptcy is a viable option for eliminating medical debt, especially if you don't have a stable income or assets to lose. You can discharge medical debt in a Chapter 7 bankruptcy, but it's essential to consider the long-term impact on your credit report, lasting 7 to 10 years.
If you're considering Chapter 7, you'll need to pass the "means test", an income-based analysis to determine if you have the ability to repay the debt through a Chapter 13 filing. This means that if you have a steady income, Chapter 13 might be a better option for you.
Chapter 7 is a good option if you have little or no assets and a limited income. You can include all your medical and other unsecured debts in your bankruptcy filing and get them discharged. However, be aware that some debts, such as tax debt, student loan debt, or debts created through fraud or trickery, may not be discharged.
Before filing for Chapter 7, make sure you've made unsuccessful attempts to negotiate a reduction or elimination of your medical debt with medical creditors. Also, consider whether your medical provider is willing to work with you on a manageable payment plan. If not, Chapter 7 might be the way to go.
Here are some key considerations when deciding between Chapter 7 and Chapter 13:
Philadelphia Debt Relief
If you're struggling with medical debt in Philadelphia, it's essential to know that filing for bankruptcy can provide relief. Filing bankruptcy will help you reduce or eliminate your medical expenses.
Medical debt can arise from various situations, such as a major illness, lack of health insurance, or a catastrophic injury. Our experienced bankruptcy attorneys can help you navigate these complex situations and find a solution.
In Philadelphia, you can speak with an experienced bankruptcy lawyer to discuss your options. Give The Law Offices of David M. Offen a call at 215-625-9600 to schedule your free, no-obligation consultation.
If you file for bankruptcy, your non-medical debts may also be discharged. This can include debts such as cell phone and utility bills, rent arrears, debts owed to relatives and friends, loans to individuals, and credit card debt.
Here are some examples of non-medical debts that may be discharged in bankruptcy:
- Cell phone and utility bills that are past due
- Rent arrears
- Debts owed to relatives and friends
- Loans to individuals
- Debt incurred through credit cards
Our bankruptcy attorneys will help you decide whether to file now, wait to file, or not file at all. We'll take a look at your overall financial situation, including your medical status, and help you determine what course of action is best for you.
Bills
If you're struggling with medical bills, you're not alone. Medical debts lead many to seek bankruptcy protection. Filing bankruptcy can help you reduce or eliminate them.
Most medical and dental bills are considered unsecured debts, which means you can likely discharge all of the debt by filing for Chapter 7 bankruptcy protection or restructure payments on most of it through a Chapter 13 filing.
Medical bills owed directly to doctors, hospitals, treatment centers, and rehabilitation clinics can be included in bankruptcy, regardless of which chapter you file. Even bills resulting from car accidents can be discharged.
You can include your medical bills in a bankruptcy filing, but which chapter you file can directly impact how much, if anything, you are required to repay to your care providers. Filing Chapter 7 bankruptcy may discharge most of your medical debt, but you'll need to pass the "means test" to qualify.
You can refuse to pay your medical bills, but ignoring "payment due" notices isn't a viable option unless you want to end up with a civil court lawsuit. Filing bankruptcy will put an immediate stop to a wage garnishment or a frozen bank account.
Here are some examples of non-medical debts that may be discharged in a Chapter 7 bankruptcy:
- Cell phone and utility bills that are past due
- Rent arrears
- Debts owed to relatives and friends
- Loans to individuals
- Debt incurred through credit cards
By speaking with an experienced bankruptcy lawyer, you can determine what course of action is best for you and get a fresh start.
Frequently Asked Questions
Is medical bankruptcy still common?
Yes, medical bankruptcy remains a significant issue in the US, with 66.5% of bankruptcies caused directly by medical expenses. Many Americans struggle to afford healthcare, with 40% fearing they won't be able to cover costs in the upcoming year.
How long until medical debt is forgiven?
Medical debt is typically forgiven after 7 years, but it's essential to note that you may still be legally responsible for it depending on your state's statute of limitations.
What percentage of bankruptcies are due to medical expenses?
Medical expenses account for 40% of bankruptcies in the US, highlighting the significant financial burden of healthcare costs on individuals and families. Learn more about the impact of medical debt on personal finances and how to protect yourself.
Sources
- https://www.washingtonbankruptcylawyer.com/medical-bills.html
- https://www.weissschmidgall.com/practice-areas/bankruptcy/bankruptcy-relief-from-medical-bills/
- https://www.mdbankruptcylawyer.com/can-bankruptcy-help-rid-me-of-my-medical-bills/
- https://santoslawpa.com/can-i-get-rid-of-my-medical-debt-if-i-file-for-bankruptcy-in-florida/
- https://www.getfreeofbills.com/eliminate-medical-bills-bankruptcy/
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