Is there any such thing as a medical bankruptcy? 19 Answers as of June 30, 2011

Is there any such thing as a medical bankruptcy? I got hit with 49+ Thousand in hospital bills and Filed a chapt 7 about 6 yrs ago with my divorce. I need to know if there are options to help me out because I can't even afford to eat let alone pay all of these hospital bills.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
No, there is no such thing as a "medical bankruptcy", but medical debts are certainly dischargeable in bankruptcy. If you filed a Chapter 7 case 6 years ago, you would need to wait 2 more years to file another Chapter 7 case. You could file a Chapter 13 case now to deal with your medical debts, and then dismiss your case and file a Chapter 7 in a couple of years (assuming you are eligible at that time).
Answer Applies to: California
Replied: 6/30/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You can file a chapter 7 if you have not had one in the past eight years. If less than 8 years has passed you are eligible for chapter 13. In a chapter 13 payment plan you may qualify for paying 70% of the medical bills.
Answer Applies to: California
Replied: 6/30/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
No, but let them go after you until you can file again.
Answer Applies to: California
Replied: 6/30/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
On repeat filings: http://www.bankonitsd.com/Bankruptcy_FAQ_general_second.html
Answer Applies to: California
Replied: 6/30/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
If the debt was discharged, you are no longer personally responsible for the debt. If you the debt came after the filing, you can file another Ch 7 after 8yrs from discharge or a Ch 13 after 4yrs from discharge.
Answer Applies to: Washington
Replied: 6/30/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    You can discharge medical debts in bankruptcy. Because you already filed a chapter 7 in the last 8 years, you cannot file another chapter 7 right now. You may want to look into filing a chapter 13.
    Answer Applies to: Arizona
    Replied: 6/29/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Plain old bankruptcy sounds like what you need.
    Answer Applies to: Virginia
    Replied: 6/29/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    No. Medical bills are nothing more than unsecured debts like credit cards. You must wait 8 years before you can file another chapter 7 but you can file a chapter 13 after 4 years.
    Answer Applies to: California
    Replied: 6/29/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Talk to a lawyer about a chapter 13. You can't get a discharge in that case but you can probably reduce the payments significantly.
    Answer Applies to: California
    Replied: 6/29/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, you can file a Chapter 13 case and make payments that you can afford in a plan according to your income. You are eligible for a Chapter 13 discharge upon completion of a plan which may be 36 months.
    Answer Applies to: California
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No. You are ineligible for Chapter 7 until 8 years after the date of the previous filing. In some cases you might be able to file a Chapter 13 now. See a lawyer.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Medical bills can and should be included in any bankruptcy proceeding. However, you can only file a Chapter 7 bankruptcy once every 8 years. You may be eligible now to file a Chapter 13 bankruptcy. Please call me for a free consultation.
    Answer Applies to: California
    Replied: 6/29/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    There has been discussion in Congress about putting in special rules for bankruptcy filings prompted primarily by medical expenses, but so far none of these innovations have been passed into law. If you received a Chapter 7 discharge 6 years ago, you cannot file another Chapter 7 for 2 more years. However, you may benefit from a low payment Chapter 13 plan. You can address overwhelming debt with a low payment Chapter 13 plan.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You could file a Chapter 13, and make your payments reasonable while being able to live a reasonable life. It's too soon by 2 years to file another 7. You may be able to convert back to 7 from 13 later. Please bring this to a good lawyer. Medical collectors are very aggressive!
    Answer Applies to: Virginia
    Replied: 6/29/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    There is no such thing as a "medical bankruptcy" in of itself but medical debt is dischargable through bankruptcy; you could file a Chapter 13 to get relief if it has been six years. You can only file a Chapter 7 once every eight years.
    Answer Applies to: Indiana
    Replied: 6/29/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You should be able to find relief under Chapter 13 of the bankruptcy. You cannot file another Chapter7 bankruptcy until 8 years after your file date, but you can file a Chapter 13 bankruptcy. It is a shame that some many people wind up in bankruptcy due to medical bills, but that is how it works for many.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can file Chapter 7 again in a couple years or go in as Ch 13 now to eliminate your medical bills.
    Answer Applies to: California
    Replied: 6/29/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney