Can I file bankruptcy on only a certain type of debt? 22 Answers as of June 14, 2011

Is there a statute of limitations on old hospital bills and can I file bankruptcy on them only?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
There is a statute of limitations for every debt, but the statute varies depending on, amongst other things, whether or not the debt is based on a written contract, and what state law applies. In California, the statute of limitations for breach of a written contract is four years. When you file bankruptcy, you must list ALL of your debts. You can not pick and choose and only old hospital bills.
Answer Applies to: California
Replied: 6/14/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Health care bills are dischargeable; however you cannot file BK only on them. They will be included with your other unsecured debts.
Answer Applies to: Washington
Replied: 6/13/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If you are going to file Bankruptcy, you should file on all of your debts not just pick and choose. As to the statute of limitations, that is dependent on state law.
Answer Applies to: New Hampshire
Replied: 6/10/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The statute of limitations applies to all debts, and you are required by law to list all of your debts when you file bankruptcy. I do not know what the statute of limitations is your hospital bills, I don't know what state you live in and I am only licensed in California. In California it is 4 years from the last payment made on the debt.
Answer Applies to: California
Replied: 6/10/2011
Brian Walker Law Firm, P.C.
Brian Walker Law Firm, P.C. | Brian Walker
Hospital bills are dischargeable in bankruptcy. The statute of limitation governing a hospitals ability to collect varies from state to state and depends upon whether the promise to pay was in writing or not. If you have any further questions, please feel free to contact me.
Answer Applies to: Washington
Replied: 6/10/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    In bankruptcy you must include all debt in your petition. You cannot selectively choose who to include in your bankruptcy and who you are not going to include.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No, you have to report all your debts and those debts that are dischargeable will be discharged. Some types of debts are not dischargeable even if you put them in the petition as required. For example child and spousal support are not dischargeable but must be list in the petition. Preferring one creditor over another is a preference not permitted by law. Of course, you can pay any debts you want to after you file bankruptcy. It would be voluntary payments. The statute of limitations on written debts in California is four years although there are some rare exceptions.
    Answer Applies to: California
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you want to go to federal prison for up to five years and see your bankruptcy dismissed, leave out a debt (that is the possible consequence). You will be stating under penalty of perjury that you have listed every debt you have. You cannot omit any debt, no matter how old (meaning ignore the statute of limitations). Your lawyer should have discussed this with you (bankruptcy is never a pro se project) and your lawyer will emphasize the need to give correct and complete information.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Bankruptcy will discharge dischargeable debts. Hospital debts are usually dischargeable. When you file a bankruptcy, you do so with respect to all of your debts - you don't pick and choose.
    Answer Applies to: Illinois
    Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can list less than all of your debts, but filing for bankruptcy will drop your credit score and likely prevent you from having credit cards for a time anyway, so it doesn't make any sense to keep your obligation to these types of debts. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/9/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    When you file bk you must include all debts. You are not allowed to pick and choose. However you may have reason to continue paying debts such as your home, cars etc.
    Answer Applies to: California
    Replied: 6/9/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    You cannot pick and choose creditors against whom you file. When you file, you file as against all creditors. You may reaffirm debts and re-obligate yourself on certain debts, but I do not recommend it, but in certain situations. Get a free consult with a lawyer to determine how best to proceed.
    Answer Applies to: California
    Replied: 6/9/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can file bankruptcy on hospital bills.
    Answer Applies to: California
    Replied: 6/9/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    The statute of limitations is state law where you reside. No, you cannot file bankruptcy on some debts and not others. You must list all of your debts in your bankruptcy papers and they all get discharged.
    Answer Applies to: California
    Replied: 6/9/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The statute of limitations varies depending on what state you live in. You cannot "pick and choose", all of your creditors must be included.
    Answer Applies to: California
    Replied: 6/9/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    You are required to list all of your debts.If you want to go back afterward and pay some of your creditors, you're free to do that. The statute of lims for old bills is 6 years.
    Answer Applies to: Oregon
    Replied: 6/9/2011
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