Bankruptcy Can Eliminate Medical Debt

The cost of medical care continues to rise and the inevitable result for countless individuals and families is financial ruin. Despite all the talk of sweeping changes in legislation and universal health care for all, there is currently little or no relief for many of these people. Fortunately, there is a way to get out from underneath crushing medical debt.

In nearly all cases, filing bankruptcy will eliminate medical debt. When deciding if bankruptcy is the best way to deal with your medical bills, timing is the most crucial element. Since medical issues are unique to each person, the best advice is to consult a qualified bankruptcy attorney in your area.

Generally, during an initial consultation, the attorney will determine, first, whether your situation warrants bankruptcy and, second, which type of bankruptcy best fits your circumstances. The two most common types of bankruptcies individuals can file are Chapter 7 and Chapter 13.

In Chapter 7 bankruptcy, medical bills are typically discharged and you will be relieved from your overwhelming medical debt. Once the bankruptcy petition is filed, all billing departments for medical providers must stop calling you, writing you, or taking any other steps to collect a debt from you. If the medical provider has assigned or sold the debt to a collection company, the collection company must also stop all attempts to collect the debt.

Medical bills in Chapter 13 bankruptcy are treated similarly to the way they are treated in Chapter 7 bankruptcy, in that medical providers and debt collectors must not engage in any attempt to collect the debt. Additionally, debtors are prohibited from reporting to a credit agency or contacting third parties regarding the debt.

Bankruptcy Can Be Used to Release Liens

Finally, if you have been sued by a medical provider or a debt collector for medical bills and a judgment has been entered against you, you need to know that the judgment functions as a lien against any real estate you own. This can affect your ability in the future to sell your property or refinance an existing loan. This lien can be “avoided” inside a bankruptcy. In other words, the bankruptcy judge has the power to make the lien go away forever. All judgments, including judgments for medical bills, can also cause your wages to be garnished and/or your bank account to be frozen. If this has already happened to you, you should seek legal counsel immediately. If this hasn’t happened yet, seeking legal counsel right away can prevent it..

To summarize:

Medical bills can be discharged under a chapter 7 bankruptcy and chapter 13 bankruptcy.
Due to the nature of medical care, each person’s situation is unique and you should consult an attorney immediately if you are considering bankruptcy.
Filing for bankruptcy will stop all collection activity and give you a fresh start.
If you have been sued and a judgment has been entered against you, the judgment serves as a lien against real estate.
If a judgment has been entered against you, your wages and bank account are subject garnishment.
Contact a bankruptcy attorney to discuss your options and how bankruptcy can help you get out from under your medical debt. Remember, medical debt causes more than 60% of all bankruptcies. You are not alone.

Sam Marks graduated from Drake Law School after completing undergraduate work at the University of Iowa. After passing the bar, he developed a general law practice that included work in criminal, family and juvenile law. As time passed, he began focusing specifically in the areas of bankruptcy and consumer protection. Sam is frequently asked to provide lectures to attorneys, business professionals and the public on the topics of bankruptcy and consumer protection and how these issues affect other aspects of the law. He enjoys these presentations and the opportunity they provide to discuss current events the legal system.

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Medical Debt Bankruptcy – Before Filing Bankruptcy Consider Debt Settlement

then filing for medical debt bankruptcy was common. However today there are more options open to those suffering debt problems and they are typically less severe than bankruptcy.

Medical bills can add up to an enormous sum of money and if you suddenly become unemployed then you may be unable to find the money to pay off unexpected medical bills. In the USA, many of those who have filed for bankruptcy have done so solely due to medical bills. Before rushing into bankruptcy, you might want to consider taking on the help of a debt relief company and looking into other solutions, which are less severe.

Consider debt relief to reduce the amount you owe as an alternative

One of the things you may wish to look into is if a debt relief advisor may be able to get your debt reduced, which will allow you to pay off the remainder of the debt. While you may not be able to afford 100% of the amount you owe, you may be able to get this reduced by as much as 70%, which means that you have only to find 30% of your debts and can repay this in affordable monthly repayments. This can be a very effective, powerful and sensible way to clear your medical debts.

Medical debt bankruptcy should really only be considered as the very last resort. When you file for bankruptcy, even if it is only due to medical bills, it will stain your credit rating for a very long time. This may mean that you are unable to borrow in the future or if you find a lender willing to take you on, you may have to pay very high rates of interest.

In summary, you may be able to write off up to 70% of your medical debts and pay them off rather than filing for medical debt bankruptcy and have your credit rating affected for a long time. When entering into a debt solution it is essential that you keep up with the plan, even if you are unemployed and are looking for work.

Debt settlement is a viable alternative to filing bankruptcy. Most consumers are able to eliminate at least 60% of their unsecured debt while avoiding many of the negative consequences with filing bankruptcy. If you are over $10k in unsecured debt you will be eligible for debt settlement. To locate legitimate debt settlement companies in your state check out the following link:

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Chapter 13: When Trying To Settle Bankruptcy Medical Bills

If your debts are too high but pride prevents you from seeking protection under Chapter 7 bankruptcy then Chapter 13 may be the option for you. Whereas Chapter 7 allows you to start with a clean slate, Chapter 13 is a repayment plan supervised by the court. If you fall within an income category or if you are currently unemployed, the court will also allow you to pay only a portion of the total medical debt. Most people who file Chapter 13 have incomes much higher than what Chapter 7 allows.

The repayment period under Chapter 13 bankruptcy is around 3-5 years. One advantage is you get to keep your non-exempt property, which would have been sold to pay of the creditors under Chapter 7 proceedings. People who file for Chapter 13 have something in common:

They want to pay their medical bills but their current situation does not allow them to do so.
Because of their medical bills, they are behind on mortgage or car loan payments.
You already filed for Chapter 7 bankruptcy last year or seven years ago. You can only renew application for Chapter 7 after eight years.
There are other requirements to filing Chapter 13 bankruptcy medical bills but a lawyer will be able to explain to you better the constraints and benefits of the proceeding. For example, you can’t file Chapter 13 if your debts are already discharged more than two years ago. Filing bankruptcy medical bills also does not automatically eliminates taxes, alimony, child or spousal support, student loan or criminal and civil liabilities.

It’s important that you consider all your options and reflect on the advantages and disadvantages of filing Chapter 13 or Chapter 7 bankruptcy. Don’t jump to a decision without first consulting with your family, friends, co-workers and lawyers. Remember, you will end up dealing with the consequences of your actions so no matter how valuable their advises would be, the decision of whether or not you file for bankruptcy ultimately rests with you.

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Chapter 7: Protection From Bankruptcy Medical Bills

Medical bills are the most common reason for people seeking bankruptcy. However, seeking protection from Bankruptcy medical bills is possible because hospital bills are considered as unsecured debt. A Chapter 7 bankruptcy is perfect in the sense that it is the quickest and the debtor can walk away with just a few nicks and cuts, particularly some properties that are not covered by exemption and your overall credit score, which may impact your ability to secure loans in the future.

Bankruptcy medical bills could be the best thing that you can do to restart your financial future with a clean slate. There’s a certain stigma to declaring bankruptcy but it’s actually a very personal matter. Your privacy is protected and you can still move forward with your life as opposed to the misconception that you walk away only with your clothes on. In some cases, you can even keep your car under bankruptcy.

What happens is the court designates a trustee that will inventory your properties, determine which are exempted and sell those which are not. The money raised from the sale will be used to pay your creditors. To know which properties are exempted from Chapter 7 bankruptcy, talk to a lawyer proficient with bankruptcy laws. Some examples of properties covered by exemptions are: your house, tools or equipment you use in your profession, social security, disability or unemployment benefits, or life insurance. There could be some additional exemptions depending on state laws.

After filing bankruptcy, the court orders the creditors to stay away. But the law also allows creditors to prove that they are justified in collecting your debt, the burden of proof however swings to their side. Bankruptcy however will not wipe out all your debts. Any lien you owe prior to the medical emergency stays on records and you are required to settle it in due time.

Filing for bankruptcy medical bills will not automatically exempt you from paying the IRS. There are conditions before the federal tax agency will let you off the hook. Again, consult a bankruptcy lawyer to explain to you all the gradations of law in relation to Chapter 7 bankruptcy medical bills. You might be able to ward off your creditors but you can’t get away from the IRS. Federal agents can still swoop in even after bankruptcy and seize your properties but only if they decide that you are trying to run away from your responsibility as a taxpayer.

M. Baylor, of Hurst Texas, grew up with both parents as doctors. Laws concerning medical care governed his fascination as he grew up. As a paralegal in Allmand & Lee, Marcus maintains an informative blog about medical bill debt, medical litigation, and the latest in the health care reform bills and government programs.

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Using Bankruptcy Medical Bills To Your Advantage

Nowadays, medical treatments are priced five times more than they are used to be, even when you acquire them in the less expensive and less popular hospitals. Although people tend to avoid going to hospitals as much as possible, especially those who are without health insurance, there are circumstances that still lead them to the hospital doors. If truth be told, filing for bankruptcy medical bills is not a bad thing. In fact, it is considered to be an ideal financial option for those who are unable to pay their medical bills. Here’s how you can make the most out of bankruptcy.

Tip #1- Ask for the detailed hospital expenses. Even in the age of computers, it is still possible to make mistakes. Hence, it is important to ask for an itemized list of your hospital bills. This way, you can ensure that you’re paying only for the medical treatments that you have been given. You can also reduce the cost that the government has to pay once you file for bankruptcy.

Tip #2- Don’t be hesitant to ask for help. People tend to be scared of filing for bankruptcy. What they don’t know is that it is one of the best options when you’re faced with steep medical bills. You will no longer have to work on being qualified for various organizations and charity cases. In fact, you will no longer have to dread picking up the phone or receiving letters from the hospital or your creditors. Once you file for bankruptcy medical bills, most of your debts will be cleared, allowing you to live with a clean slate once again. However, it is important that you ask for advice and assistance from bankruptcy lawyers. They can help you keep the bankruptcy process as smooth-sailing as possible. They can also help you determine the right steps to take after bankruptcy has been filed.

You don’t have to be afraid of bankruptcy medical bills. It is a good option to turn to wh

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