How do I file for bankruptcy of medical debt? 23 Answers as of February 20, 2012

If you otherwise qualify, you can file for bankruptcy. Of course, you must also list the right to prosecute your injury claim as an asset. You can exempt whatever the law allows but if the proceeds of the lawsuit exceed your exemption, the additional proceeds will become available for attachment by your creditors.

The medical debt can be discharged, but the medical providers can still maintain a lien against any lawsuit proceeds.

It depends on the circumstances and the possible award if you win in Court.

No, because it is not a debt yet.

Yes but you may lose your claim.

Filing for bankruptcy for medical debt is no different from filing for bankruptcy for other kinds of debt. Regarding what sounds like a personal injury claim, if you have been treated by doctors for your pi claim, there is a high likelihood that those doctors have a lien on any recovery you receive. The bankruptcy wont get rid of that lien. However, if you have miscellaneous other debt that is not secured by a lien, you will be able to get rid of that.

Yes, but if you are the person suing someone else for injuries you sustained, unless you have an applicable exemption available, the lawsuit is bankruptcy property and the trustee can take the money and pay creditors with it.

Yes but any right to proceed under the personal injury case and whatever you recover from the claim will go straight to the trustee to be distributed to the creditors. Unless you want to file a chapter 13, then at least you will be able to proceed on the claim yourself and remit the amount you recover over a period of either 3 or 5 years.

You could file but probably not the best idea yet. You really need to discuss this in person with a bk lawyer. Your medical providers will probably have a lien against your settlement AND your case or recovery is an asset which can be taken buy the bankruptcy trustee.

It is very common that someone files bankruptcy due to owing medical debts.

You get a $15,000 personal injury exemption in bankruptcy which means that you get to keep up tp $15,000.00. The rest would ususally go to pay your creditors, including the medical providerrs.

Medical bills are treated just like any other debt in bankruptcy. Assuming you can pass the means test, you can discharge medical bills in bankruptcy. Timing is an issue though. If you expect to have more medical bills in the future, you may way to delay your bankruptcy (as all debts incurred after you file are NOT discharged). Also you should be aware that part of the judgment you may receive for the injury suit could later be taken to satisfy your debts, whether you file bankruptcy or not. The details are more complicated than I can go into here, so I would recommend you make an appointment with myself or another bankruptcy lawyer in your area to discuss your options.

Yes, you can file for bankruptcy to get rid of medical bills. Just file your bankruptcy and make sure you list all of the medical bills and providers in your case and it will get rid of the debt and stop the lawsuit pending.