How far do trustees look at a person’s medical record during a bankruptcy? 24 Answers as of February 25, 2014

Do trustees look at a person's medical records during a bankruptcy (7 or 13) case? How far do they go back? Years?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Why would the trustee care about your medical records? I cannot answer this without knowing why they want to look at them.
Answer Applies to: California
Replied: 2/25/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
I have never known a trustee to review medical records. Unless it has some bearing a debtors ability to present a feasible plan in a chapter 13 case I don't see why the would do so.
Answer Applies to: California
Replied: 2/21/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
The vast majority of trustees are not concerned with your medical records and may not be entitled to them unless the condition was a result of an accident that gives you a right to sue for damages.
Answer Applies to: New York
Replied: 2/21/2014
Stephens Gourley & Bywater | David A. Stephens
In my experience the trustee spends very little time looking at medical records of the debtor.
Answer Applies to: Nevada
Replied: 2/20/2014
R. Steven Chambers PLLC | R. Steven Chambers PLLC
I have never known a bankruptcy trustee to look at medical records. Why do you think they would?
Answer Applies to: Utah
Replied: 2/21/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    I have never had a Trustee look at medical records. They sometimes ask when the medical bills were incurred and why, but that is usually the extent of the inquiry.
    Answer Applies to: Colorado
    Replied: 2/20/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Medical records are confidential and a bankruptcy trustee isn't interested in anyone's medical history except as it may relate to a personal injury lawsuit.
    Answer Applies to: Nevada
    Replied: 2/20/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Trustees have no access to your medical records, as it relates to a bankruptcy petition.
    Answer Applies to: California
    Replied: 2/20/2014
    Hoang & Tran PLLC | Adam Tran
    They are not concerned with the record itself, but the debt from the medical treatment. It's best to list it as a creditor.
    Answer Applies to: Texas
    Replied: 2/20/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Generally no, unless there is a possible lawsuit involved.
    Answer Applies to: New York
    Replied: 2/20/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    Unless there is some reason to look at medical records, that is not part of your bankruptcy disclosures. The Trustee may look at medical bills and inquire as to the reason for the medical bills to determine if you have a right to sue anyone.
    Answer Applies to: Arkansas
    Replied: 2/20/2014
    Law Office of Mark B. French
    Law Office of Mark B. French | Mark B. French
    You have not provided a lot of detail, but generally the Trustee would not review a debtor's medical records. I suppose that the Trustee could do that if there was a reason to do so. I would not expect that a Trustee would review medical records.
    Answer Applies to: Texas
    Replied: 2/20/2014
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    I have never seen a trustee look into a medical record unless to follow up on investigation of a possible or pending lawsuit that may yield money to the bankruptcy creditors.
    Answer Applies to: New Jersey
    Replied: 2/20/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    They usually go back about three years for everything.
    Answer Applies to: California
    Replied: 2/21/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes, they can look back quite some time to see if there is a possible PI claim involved.
    Answer Applies to: New York
    Replied: 2/21/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    I have never had a bankruptcy trustee look into a client's medical records. On Schedule F (unsecured creditors), we simply list all of the medical debts that have been incurred. And on Schedule J (itemization of expenses), we put down a total of the estimated out-of-pocket expenses that are incurred in an average month (doctor co-pays, prescription co-pays, along with an average for vision and dental services that might be paid out throughout a year). But as for a trustee actually examining someone's medical records, I have never seen or heard of that happening.
    Answer Applies to: Pennsylvania
    Replied: 2/20/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your question doesn't really make sense. Why would the trustee be interested in your medical record? The only thing I can think of is if it has to do with your schedule J expenses or with passing the means test. If you can provide a little more background it would be helpful.
    Answer Applies to: Colorado
    Replied: 2/21/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    No, there is no reason for a trustee to look at a debtor's medical records.
    Answer Applies to: Nevada
    Replied: 2/20/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Normally the trustees do not go into that much depth unless there is something really suspicious in your paperwork. Even if they ask for documentation, they're not looking for anything other than verification of the expenses. So they would probably allow you to redact any sensitive personal information before handing it over. I have never seen a trustee ask for such information.
    Answer Applies to: Oregon
    Replied: 2/20/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Medical records are not typically reviewed at all. Context?
    Answer Applies to: California
    Replied: 2/21/2014
    Law Office of Robert Sisson | Robert Sisson
    Depends on the bills involved.
    Answer Applies to: Wisconsin
    Replied: 2/21/2014
    Law Offices of Patrick Edaburn | Patrick Edaburn
    Generally speaking they do not go back and research but your comment suggests you have something you don't want them to know. Be aware that fraud in a bankruptcy (which would include hiding information they ask for) is a federal crime. 99% of the time the thing you worry about turns out to be no big deal, but never ever lie to the court.
    Answer Applies to: California
    Replied: 2/20/2014
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    I don't think a chapter 7 or 13 trustee would have any reason to ever look at a debtors medical records.
    Answer Applies to: California
    Replied: 2/20/2014
    Idaho Bankruptcy Law | Paul Ross
    I have never had a Trustee look into a persons medical record. I am not sure what reason there would be to look at it. Unless there was some type of accident or injury that could be litigated to bring money to the estate. Even then, it would be through typical discovery and a lawsuit, not just in the Trustee asking about medical history.
    Answer Applies to: Idaho
    Replied: 2/20/2014
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