Can you file bankruptcy on medical bills that have liens in them? 22 Answers as of May 28, 2013

Had a accident, my ex lawyer sent me to doctors and so on. Where I live they put liens on medical bills. My lawsuit was dropped now have all these medical bills I can't afford to pay

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William D. Cope, LLP
William D. Cope, LLP | William D. Cope
Yes you can file bankruptcy on the medical bills and most likely discharge all of them in a bankruptcy case.
Answer Applies to: Nevada
Replied: 1/15/2013
Stephens Gourley & Bywater | David A. Stephens
Yes, although depending on the kind of lien, it may not eliminate the lien itself.
Answer Applies to: Nevada
Replied: 1/15/2013
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Yes.
Answer Applies to: Florida
Replied: 5/28/2013
Guardian Law Group PLLC
Guardian Law Group PLLC | C. David Hester
Usually those liens are on the lawsuit proceeds. Yes they can be discharged in bankruptcy if the case is dropped.
Answer Applies to: Utah
Replied: 1/14/2013
Law Office of Louis S. Haskell
Law Office of Louis S. Haskell | Louis Haskell
Filing bankruptcy will discharge your medical debt, even medical debt associated with a lien. As a result, it you file for bankruptcy protection, and receive no money for your accident case, you will not be responsible for the medical bills you incurred as a result of that accident case. All the liens do is assure the healthcare providers that if you recover money from the accident, they will be paid. However, the lien is only as valuable as the underlying case. If you do not recover, then they have liened on nothing. You would ordinarily still be liable for the bills, but bankruptcy solves that problem.
Answer Applies to: Massachusetts
Replied: 1/14/2013
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Yes, you may discharge medical bills in bankruptcy. You will need an attorney to avoid the liens.
    Answer Applies to: Colorado
    Replied: 1/14/2013
    Davis Law SC | D. Nathan Davis
    You can always file bankruptcy on any bill. The question is will the debt be discharged or will it survive the bankruptcy filing. Medical bills are dischargeable even when a lien was promised to the provider against a recovery. Unless you did something to harm the case so that there would be no recovery, you should have no problem discharging such debt. You need to meet with an attorney and carefully go over all of the facts surrounding the personal injury matter that was dropped by the attorney representing you. Even if you feel you did nothing wrong, your actions may be enough to block a discharge. Be completely honest with your bankruptcy attorney about why the personal injury case was dismissed.
    Answer Applies to: South Carolina
    Replied: 1/14/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file the bankruptcy to get rid of the medical bills and any liens as well.
    Answer Applies to: New York
    Replied: 1/12/2013
    Orrock, Popka, Fortino, Tucker & Dolen
    Orrock, Popka, Fortino, Tucker & Dolen | Myron Wayne Tucker
    Yes, the bills can be discharged in bankruptcy. The liens were against your settlement or recovery. If you do not get a settlement, you are personally responsible for the medical bills. However, they are unsecured debts and are dischargeable. They are not liens on your property and they are not liens that will survive a bankruptcy.
    Answer Applies to: California
    Replied: 1/14/2013
    Danville Law Group | Scott Jordan
    Yes, medical bills are dischargeable in bankruptcy. However, filing bankruptcy will not be enough, you will also need to file motions to remove the liens, presumably from your property. This is difficult work and you are best advised to hire a bankruptcy attorney practicing in your local area.
    Answer Applies to: California
    Replied: 1/14/2013
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Likely you can. The liens should only provide for payment from the lawsuit proceeds. Because there is no lawsuit they won't get paid. Even with the lien the medical bills are unsecured because there are no proceeds. They should be treated just like unsecured credit card debt and discharged by your bankruptcy. Check with knowledgeable local counsel who can look at the liens and make sure they are not anything different than they would seem from your description.
    Answer Applies to: California
    Replied: 1/14/2013
    Hayward, Parker, O'Leary & Pinsky, Esqs.
    Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
    It sounds like your personal injury lawsuit was dismissed or discontinued, so in New York State the medical liens would not attach to anything else. They would be simple unsecured debts that could be discharged in bankruptcy.
    Answer Applies to: New York
    Replied: 1/14/2013
    Moore Taylor & Thomas PA
    Moore Taylor & Thomas PA | Jane Downey
    It sounds like the lien might be on collateral you'll never get, so they'd be unsecured creditors, right?
    Answer Applies to: South Carolina
    Replied: 1/14/2013
    Law Office of Sean P Fleming
    Law Office of Sean P Fleming | Sean P Fleming
    Yes, you can file bankruptcy on the liens.
    Answer Applies to: Illinois
    Replied: 1/14/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You must list all claims when you file the bankruptcy papers. Whether the liens for medical bills are valid in bankruptcy can be a technical question. However, the liens attach to any money you recover by settlement or judgment. Since it seems you received no proceeds from your lawsuit, there is nothing to which the liens can attach. So they should be treated as unsecured debts, and the hospital and medical claims would be discharged like any other general claim. Find a good bankruptcy lawyer. There might be some additional steps to take to be certain the liens disappear. You might also want to consider why the lawsuit was 'dropped,' and whether you wish to take any steps to try to remedy that situation if possible.
    Answer Applies to: Wisconsin
    Replied: 1/14/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Not only can you file bankruptcy on all of your medical bills, you must list all of your bills in your bankruptcy. The medical lien attaches to your right to receive proceeds from your injury claim. It is a common practice for the treating doctors to discount their bills when payment isn't sufficient to cover the full amount of the bill.
    Answer Applies to: Nevada
    Replied: 1/14/2013
    Turbak Law Firm
    Turbak Law Firm | Douglas Turbak
    A lien means that there is a specific asset owned by a debtor in which a creditor has an interest. Is the lien against your home. Against your car. Certainly bankruptcy discharges medical debts and medical claims, but without knowing more about the nature of the lien, it's impossible to say that bankruptcy will take care of all your "lien" problems.
    Answer Applies to: Minnesota
    Replied: 1/13/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file bankruptcy on medical bills. If there is a lien on property, then it might be difficult to remove the liens if it is secured against real estate.
    Answer Applies to: California
    Replied: 1/13/2013
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Usually, medical bills involved in a lawsuit get liens on the anticipated proceeds of the lawsuit. If the litigation is dropped as unsuccessful, there should not be much impediment to discharging those bills in a bankruptcy filing.
    Answer Applies to: California
    Replied: 1/13/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The lien attaches to the proceeds of any settlement or judgement in the underling civil case. If the civil case is gone, those are unsecured debts.
    Answer Applies to: California
    Replied: 1/13/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
    Answer Applies to: Arizona
    Replied: 1/12/2013
    Law Offices of John F. Nicholson
    Law Offices of John F. Nicholson | John F. Nicholson
    Usually the type of lien that you are talking about is a medical lien against any recovery you get from the other party or their insurance company. If there is no lawsuit (anymore) then your own insurance company may have liability and should negotiate with the doctors or whoever.
    Answer Applies to: California
    Replied: 1/13/2013
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