Can I claim my on going medical bills on bankruptcy? 24 Answers as of October 01, 2013

I just filed bankruptcy. I was just divorced and will no longer get health insurance but will have on going medical bills at this time. Can I claim them on my bankruptcy that is going on now?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, only bills that originated prior to filing.
Answer Applies to: New York
Replied: 10/1/2013
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
No. Only pre-petition debts can be discharged in bankruptcy.
Answer Applies to: California
Replied: 9/26/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
No. Any bills for services received after the date the bkry was filed are not discharged, Why would you file if you knew you would have a continuing course of treatment that you couldn't pay for?
Answer Applies to: New York
Replied: 9/26/2013
Olivier Law, LLC
Olivier Law, LLC | Jason Olivier
The date of filing is the magic moment. Any bills incurred after that date cannot be added to the bankruptcy.
Answer Applies to: Louisiana
Replied: 9/26/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Bankruptcy only covers debts incurred to the date of filing the petition.
Answer Applies to: Indiana
Replied: 9/26/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    You can only include debts in your bankruptcy that existed on the date you filed the case with the Court. So, no, you cannot include medical bills incurred after the filing date of your bankruptcy and they will not be discharged.
    Answer Applies to: Oregon
    Replied: 9/26/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    No, only pre-petition debts are included.
    Answer Applies to: Michigan
    Replied: 9/26/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You must list all debt owed on the date that you filed for bankruptcy. Any debt incurred after filing bankruptcy cannot be added to your bankruptcy filing.
    Answer Applies to: Nevada
    Replied: 9/25/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Any bills you incur after the date you filed cannot, and will not be included in the bankruptcy.
    Answer Applies to: California
    Replied: 9/25/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    The chapter 7 bankruptcy is filed on a specific date. A medical debt for a new service after the filing of the bankruptcy is not eliminated by the bankruptcy because it is a new post-petition debt. We advise clients that if there is a risk of on-going medicals that if possible they need to wait to file bankruptcy until the medical treatment ends or insurance or perhaps medicaid is obtained. I understand that this is not always possible especially with an on-going medical issue.
    Answer Applies to: Florida
    Replied: 9/26/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Only debts incurred prior to the bankruptcy filing are part of the case and potentially dischargeable in the case you filed. Debt incurred after the filing are not part of the bankruptcy and cannot be discharged in that case.
    Answer Applies to: California
    Replied: 9/26/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, you can only discharge bills you had before you filed.
    Answer Applies to: California
    Replied: 9/25/2013
    Danville Law Group | Scott Jordan
    Unfortunately, no. When you filed the bankruptcy petition, it created a bankruptcy estate which includes all assets and debts for 7 years prior to the filing up to the date of the filing. Any debt incurred post-petition is excluded from the bankruptcy and is your responsibility. Did you file a Chapter 7 or a Chapter 13 bankruptcy? You may be able to dismiss your current case and wait until after the medical bills stop and then include them.
    Answer Applies to: California
    Replied: 9/25/2013
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    In chapter 7, you can only discharge debts that you owed on the date that you filed bankruptcy. In chapter 13, it is possible to add debts to the plan, but the creditor must agree and file a Proof of Claim, which they likely will not agree to do.
    Answer Applies to: Texas
    Replied: 9/25/2013
    Law Offices of David A. Tilem | Michael Avanesian
    If you have already filed, any medical bills before the date of filing are discharged, any after are not.
    Answer Applies to: California
    Replied: 9/26/2013
    Idaho Bankruptcy Law | Paul Ross
    In a Chapter 7 bankruptcy, only the debts owed the date you filed may be included. In a Chapter 13, sometimes you can include new debts but not usually medical.
    Answer Applies to: Idaho
    Replied: 9/25/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You cannot add bills on to your bankruptcy that were made after you filed. You can add in bills that were made before you filed if you inadvertently left them off.
    Answer Applies to: Nevada
    Replied: 9/25/2013
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