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  • How Does One Declare Bankruptcy Due to Medical Debt?

    Declaring bankruptcy due to overwhelming medical debt can be a difficult decision, but many have taken this path to regain financial stability. Medical expenses can, in most cases, quickly get out of hand, leaving individuals and families struggling to pay mounting bills. Hence, the following practical guide aims to debunk the bankruptcy process, offering insights into filing for bankruptcy and going through this challenging situation confidently.

    Bankruptcy because of medical debt

    Understanding Medical Bankruptcy

    Medical bankruptcy is an informal term used to explain eliminating medical debt through bankruptcy, relieving financial stress caused by medical expenses. Consumer bankruptcy, which entails Chapter 7 and Chapter 13, is relevant here as it encompasses the broader context of bankruptcy types that can help manage various debts, including medical debt. With medical debt significantly contributing to financial challenges, it’s no surprise that nearly one-third of GoFundMe campaigns aim to help individuals pay their medical bills.

    By filing for bankruptcy, individuals can alleviate the burden of medical debt, which is categorized as non-priority unsecured debt and can be discharged through the bankruptcy process. This option offers a suitable solution to those struggling with serious debt, allowing them to regain financial stability and peace of mind.

    Medical debt due to medical expenses

    Consequences of Medical Bankruptcy

    Medical bankruptcy can have notable consequences, including the potential loss of savings, assets, and even a home if the debt is substantial. The high costs associated with medical treatment can lead to considerable financial distress and even bankruptcy. 

    Additionally, bankruptcy impacts credit scores and future financial opportunities. The stress of managing debt can lead to anxiety, depression, and strained relationships.

    Bankruptcy Options for Medical Debt

    There are several bankruptcy options that you can file for when in medical debt; these include:

    Chapter 7 Bankruptcy

    Chapter 7 bankruptcy offers a swift way to eliminate most unsecured debts, including medical bills, typically within a few months. This process allows you to retain exempt assets such as your car, essential clothing, and household items. However, to qualify, you’ll need to pass a “means test,” which evaluates your household income and expenses against your state’s median income. Even medical bills paid via credit cards or personal loans can be released under Chapter 7.

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    Chapter 13 Bankruptcy

    On the other hand, Chapter 13 bankruptcy involves a structured repayment plan over three to five years to settle your debts, including medical bills. A trustee assesses your income to determine feasible payment amounts, with any remaining unsecured debts forgiven. 

    It is important to note that child support is a priority debt that can’t be discharged through bankruptcy. While medical providers might refuse treatment post-bankruptcy, this isn’t always true. Excessive spending is off the table during the bankruptcy period.

    Alternatives to Bankruptcy for Medical Debt

    If bankruptcy isn’t the right fit, there are other options. It is important to review bills from a medical provider for accuracy and negotiate costs to avoid inflated charges. You can negotiate with medical creditors for repayment plans, lower interest rates, or debt settlements to eliminate medical debt. 

    Most creditors prefer working directly with you rather than engaging in bankruptcy proceedings. Additionally, medical creditors might offer financial assistance to reduce out-of-pocket costs, and debt consolidation or settlement could be viable alternatives to bankruptcy.

    Preparing for Medical Bankruptcy

    Before diving into bankruptcy, it’s wise to consult with a professional bankruptcy attorney or credit counselor to explore all debt relief avenues. Hospitals or doctors might offer hardship plans featuring reduced payments or more manageable options. 

    Remember that debt settlement plans carry risks and might not always be preferable to bankruptcy. A debt management program could help you consolidate bills, negotiate lower interest rates, and establish a budget to eliminate debt within three to five years.

    Process of Bankruptcy

    Filing for Medical Bankruptcy

    Filing for medical bankruptcy involves discharging medical debt through Chapter 7 or Chapter 13 bankruptcy relief. The complexities and implications of bankruptcy on medical bills, especially given the rising healthcare costs in the U.S., can significantly impact one’s credit and overall well-being. 

    Before filing a bankruptcy petition, individuals must complete a credit counseling class. Chapter 7 bankruptcy requires the liquidation of non-exempt assets to discharge any remaining debt, while Chapter 13 involves devising a repayment plan to pay off most debts over a three—to five-year period.

    Medical Debt & Unsecured Debt

    Medical debt falls under unsecured debt, which can be discharged through bankruptcy. Bankruptcy law offers relief from unsecured debts such as credit card debt, medical debt, and personal loans. However, secured debts like mortgages and car loans are not dischargeable through bankruptcy.

    If you need assistance with personal or business bankruptcy and filing in Tennessee, reach out to The Pope Firm and Charles Pope, Attorney At Law.

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    Impact of Medical Bankruptcy on Credit

    The discharge of debt through bankruptcy is reflected on credit reports, often causing a significant drop in credit scores, potentially by 200 points. Chapter 7 bankruptcies remain on credit reports for 10 years, while Chapter 13 bankruptcies appear for seven years. Accounts involved in bankruptcy will show a zero balance and be marked as “discharged” or “included in bankruptcy.”

    Recovering from Medical Bankruptcy

    For those who find bankruptcy necessary, consulting with a court-approved credit counselor is advisable to understand the process. Many individuals face personal bankruptcy due to overwhelming medical expenses, even with insurance coverage. 

    A bankruptcy attorney can assist in navigating the process and making informed decisions. Bankruptcy provides an opportunity to reset finances, rebuild credit, and restore financial health.

    Declare Bankruptcy Due to Medical Debt

    Should I FIle for Bankruptcy if I Have Medical Bills?

    Medical Debt Prevention & Forgiveness

    Preventing and forgiving medical debt involves several proactive measures. Therefore, it’s crucial to negotiate with healthcare providers on pricing to potentially reduce costs. Public and nonprofit hospitals often offer financial help; hence, seeking assistance from these institutions can be beneficial. Additionally, asking for a payment plan or offering to pay a lump sum can make medical bills more manageable.

    Working with a medical billing advocate can also provide clarity and support in navigating complex bills. Furthermore, setting up a health savings account (HSA) when you have a qualifying high-deductible health plan can help in managing future medical expenses. 

    Assessing your health coverage is essential to determine if you qualify for help from organizations like the HealthWell Foundation or Cancer Care Co-Payment Assistance Foundation, which can, therefore, aid in paying medical bills.

    Working with a Bankruptcy Attorney

    Engaging with a bankruptcy attorney is a strategic step in managing overwhelming medical debt. A bankruptcy case, therefore, serves as a mechanism to erase medical debt. Filing Chapter 7 bankruptcy could be the optimal choice if your income does not allow you to pay off medical debt, hence providing relief through debt discharge. 

    Experienced bankruptcy attorneys can explain your legal options, including debt relief for medical expenses and settlement negotiations. Therefore, your attorney can guide you through the bankruptcy process, helping you move forward with your life.

    Get Quality Bankruptcy Services At The Pope Firm

    At The Pope Firm, we offer complete bankruptcy services personalized to your unique financial situation. Our experienced bankruptcy attorneys will assist you through the entire bankruptcy process, making sure that you make more informed decisions about filing for Chapter 7 or Chapter 13 bankruptcy.

    Also, our team of attorneys is skilled in negotiating with creditors to secure favorable repayment plans, reducing your financial burden. Take the first step towards financial freedom by contacting The Pope Firm today for a consultation and find out how we can help you in regaining control over your financial life.