Every once in a while someone will call me or email regarding filing a “medical bankruptcy.”
Generally, they tell me that they have a lot of medical bills that they are unable to pay and that they could handle all of their other bills if they could just get rid of the medical bills. So they want to file bankruptcy on just their medical bills.
At that point I have to advise them that there is no such thing as a medical bankruptcy.
While there certainly are bankruptcies that are filed primarily because of medical bills, there are no bankruptcies that are designed to selectively discharge only medical debts.
Individuals with primarily consumer debt including medical bills generally file either Chapter 7 bankruptcy or Chapter 13 bankruptcy. In both of these types of bankruptcies, all of a person’s debt must be included. A person may not pick and choose which of his or her debts will be included in the bankruptcy. It’s all or nothing.
Therefore, the bankruptcy will discharge not only the medical debt, but also the credit cards, signature loans, old utility bills and other unsecured debt that the person may owe.
If you are struggling with overwhelming medical debt and have questions about bankruptcy, I would be happy to visit with you and answer your questions. Simply fill out the “Contact Dan” form on the right side of this page and click the “Submit” button and I’ll get back with you as soon as I can. Or just pick up the phone and give me a call at 918-615-8260. I look forward to hearing from you.
{ 2 comments… read them below or add one }
I live in western Oklahoma and am wondering how to file for medical bankruptcy? I was hospitalized a few times back in 2006 and in 2007. I paid the debts to the hospital and they were never removed from my credit. I left my boyfriend this past summer and when I did I went ahead and shredded all of my forms and receipts showing my balances paid in full. Well i received my credit report again and they are still there and the lady at the hospital says that they were never paid. I don’t want to get stuck paying these bills again. I am tired of receiving calls and I just want to get it off my chest. It is causing problems in my relationship and I just can’t handle it anymore. If you can email back I would really appreciate it! Thank you.
Britteny,
Many people think that there is a “medical bankruptcy” but there isn’t. When you file bankruptcy, you can’t include only your medical bills but must disclose each and every debt that you owe. It may very well be the case that the majority of your debts are medical bills, but there is no bankruptcy reserved only for discharging medical debts. I would suggest that you contact a knowledgeable bankruptcy attorney near you for advice. You may want to use the Attorney Finder provided by the National Association of Consumer Bankruptcy Attorneys.
Dan Nunley