We are bankruptcy attorneys located in Middletown, OH. We specialize in chapter 7 bankruptcy and chapter 13 bankruptcy.
WHAT IS MEDICAL BANKRUPTCY?
Medical bankruptcy is a form of relief offered to provide aid or a restructured payment plan to an individual who is stricken with medical bills. Without medical insurance an individual simply cannot afford the costs associated with getting sick or injured. When an individual is sick or hurt they are unable to work to obtain an income. Medical bankruptcy occurs when the cost of treating an injury, disease, or sickness greatly exceeds the patient’s, or family of the patient’s, ability to pay for the medical costs
CAN I FILE ON MEDICAL BILLS?
Rising healthcare costs along with unemployment have left many people looking for relief with medical debt. Bankruptcies resulting from unpaid medical bills will affect over 2 million people this year making health care the No. 1 cause of bankruptcy filings. This over takes bankruptcies due to credit card bills or unpaid mortgages.
Personal bankruptcy may be an option for some people who are unable to eliminate their medical debts in any other way. But there is no one bankruptcy that fits everyone. Different cases work in different ways. Chapter 7 bankruptcy works by offering filers a full discharge of their eligible unsecured debts. Medical debt is unsecured; it is not connected to any property, and eligible for discharge in bankruptcy. However, Chapter 7 bankruptcy is not available to all people. In order to qualify, you must qualify under the bankruptcy means test in order to demonstrate their need for Chapter 7.
For more information regarding the bankruptcy means test, contact our office today at 513-752-3900. Make sure to schedule your free consultation with an attorney.
Chapter 13 bankruptcy works by letting you catch up on past-due debts over a period of three to five years. This type of bankruptcy works well for those who have a steady income and are able to make regular monthly payments. In some cases, Chapter 13 filers may have leftover unsecured debts discharged at the end of their repayment plan.
HOW DOES BANKRUPTCY HELP WITH MEDICAL DEBT?
Bankruptcy protection works to relieve debts from medical bills in two ways. The automatic stay is one way. This legal protection takes effect as soon as you file a case with the bankruptcy court. It works by preventing collection actions, including calls and mailings from creditors, repossession, foreclosure and debt lawsuits. The automatic stay typically remains in effect for the duration of the bankruptcy case. Three to five years in Chapter 13, typically about four to six months in Chapter 7.
The debt discharge is another way. The bankruptcy court has the power to discharge certain debts for bankruptcy filers. At the end of a bankruptcy case, the court can discharge a filer’s eligible unsecured debts. Medical debts are generally eligible for discharge. Once a debt is discharged in bankruptcy, a filer is no longer responsible for paying it.
I HAVE OKAY CREDIT BUT TONS OF MEDICAL DEBT?
If you cannot settle the medical debt and it looks as if the creditor may pursue you for payment, then your good credit is going to take a hit anyway because a collection action will show up on your credit report. If the provider sues you and gets a judgment, it can garnish your wages or take other collection action. Bankruptcy may be a good option to get rid of the debt and get you back on the road to financial recovery.
If you have questions you can contact our office to set up your free consultation. Call 513-752-3900.
For more information check out our website at Middletown-bankruptcy.com
Contact our office today in Middletown, Ohio for your free consultation to see if bankruptcy will give you the financial relief you are looking for.