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Can my medical debt be discharged in bankruptcy?” – asks every American citizen!

by Recovery Law Group Recovery Law Group

There’s no official Bankruptcy Code chapter to declare medical bankruptcy. It does not exist as particular model of bankruptcy relief ensured by the federal government. ‘Medical bankruptcy,’ the term defines bankruptcy due to unpaid medical bills or debt. A vast majority of Americans suffer from exorbitant cost of medical treatments, and are burdened with astonishingly high medical bills. When healthcare bills become crushing, a few wish to know if declaring bankruptcy would help them get rid of it.

There are no specific chapters of Bankruptcy Code exclusive to medical bankruptcy. Lately, the increased examples of people declaring bankruptcy owing to medical debt caused by popular use of the term ‘medical bankruptcy.’ While the debate as to actual sternness of the trouble is still blazing, there is little or no doubt about the fact that massive medical bills are leading to bankruptcy.

Many individuals, despite having health insurance, have found themselves saddled by the healthcare debt caused by the charges not covered by their insurance policy. In order to ease the debt burden, some people turn to declare bankruptcy as a quick resolve. People become able to get rid of their medical bills through either Chapter 7 Bankruptcy or Chapter 13 Bankruptcy.

Is healthcare or medical debt dischargeable in bankruptcy?

You are not allowed to restrict a bankruptcy case to only medical debt, however you can expect relaxation from it through a bankruptcy process. In bankruptcy, healthcare treatment bills are considered ‘non-priority unsecured debt, meaning it is dischargeable, and can be forgiven.’

Chapter 7 bankruptcy and medical debt

Chapter 7 bankruptcy has been formed to aid in people’s unaffordability to pay their debts off. The court is supposed to take into account what you precisely owe, if you have any sellable assets and your income to contribute to paying the debt off. Chapter 7 Bankruptcy will eliminate your medical bill within a few months, however it is not an option for every bankruptcy filer. Some specifics:

Chapter 7 bankruptcy happens to be means-based, which means in order to file bankruptcy under it, your earnings should be below your current state’s median for the household of your size.

Certain properties of yours might be liquidated to squeeze the money out of it and pay off the creditors.

The process typically takes 4-6 months. When your bankruptcy filing gets confirmed, your eligible debts get eliminated or forgiven.

Chapter 13 bankruptcy and medical debt

Under this Bankruptcy Code chapter, you are provided with a 3 to 5-year repayment plan. The plan is basically based on your income levels and debt. Some or all of your liabilities might get discharged by the time the repayment plan gets over, setting you free from all further payments.

Your debt must not exceed a preset level. In order to file Chapter 13 bankruptcy, you should not have debt exceeding the $394,725 limit in unsecured debt, and $1,184,200 in secured debt.

You are obligated to have a regular, stable income. For Chapter 13 bankruptcy to successfully work, you will require the means to pay off your debt, even at a lowered level.

Resolutions usually take longer. While Chapter 7 is over in 4-6 months once the proceedings are over, Chapter 13 tends to extend over years.

Consult with bankruptcy attorney in California, working with Recovery Law group for medical bill bankruptcy as a solution. 


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Created on Dec 13th 2021 07:51. Viewed 173 times.

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