Bankruptcy For Medical Bills
You can file bankruptcy for medical bills. Not only will your medical bills be discharged by the bankruptcy, but your other existing unsecured debt will be discharged by filing bankruptcy as well. While this is sometimes referred to as a Medical Bankruptcy, there is no specific legal term for this. It simply signifies that the primary reason you are filing bankruptcy is due to your medical bills.
Your Medical Bills Must Be At Least 90 Days Old
At the time of your bankruptcy filing, your medical bills must be at least 90 days old. This refers to the date of service which gave rise to the medical bills. If the bills are less than 90 days old at the time of the filing, the medical creditor can assert their rights through the bankruptcy by filing an objection to discharge, or in the alternative, that their bill should survive the bankruptcy. Because of this, we often discuss health concerns with our clients who want to file bankruptcy due to medical bills. If you have an upcoming surgery or large medical expense, we may choose to strategically wait to file your case until after the date of service is more than 90 days old.
Medical Bills Due To Personal Injury
North Carolina can be a challenging state when it comes to medical bills in a personal injury claim. Many times, a personal injury settlement will not address one hundred percent of your medical bills. This means you find that you have settled your personal injury claim for as much money as you can, yet you have remaining medical billing related to the injury. Filing bankruptcy for medical bills will address the remaining medical billing associated with your personal injury.
Assets And Income Still Matter
As with any bankruptcy, if you file bankruptcy for medical bills, you still need to pass the income and assets test in order to file a Chapter 7. Our office will work hand in hand with you to determine if you can file a Chapter 7. In the alternative, Chapter 13 is almost always an option.
Alternatives To Filing Bankruptcy
Often, our firm represents clients in debt settlement or debt negotiations. It may be that the client can not file bankruptcy or does not want to file bankruptcy. In any case, as a bankruptcy firm, we hold special leverage against creditors in the negotiation process. Often, this leads to a great result for the client.
Speak With A Charlotte Bankruptcy Lawyer Today
If you have questions about whether bankruptcy clears the debt, we are here to help. Call us at 704.749.7747 or click HERE to request a free phone consultation. We know you have choices. We hope you choose Layton Law.