Friday, June 17, 2022
HomeCan You Put Medical Bills On Bankruptcy

Can You Put Medical Bills On Bankruptcy

How To Negotiate Medical Bills

Can You File Bankruptcy on Medical Bills – Without Problems

Medical bill negotiation is a tactic that patients can use to reduce the cost of care. You may qualify for a discount on your medical bills even if you don’t have a low income. Use these strategies to speak with a health care provider, medical billing advocate or your insurance company:

  • Get your documents in order. Ask for an Explanation of Benefits and Summary of Benefits and Coverage from your health insurer to understand how your coverage works.
  • Check your bill for errors. Common errors include double-billing and incorrect coding. You also may have been charged for a service that was supposed to be covered by your health insurance.
  • Reach out to the hospital’s billing department. You may be able to ask for a discount for paying upfront. Take detailed notes of who you speak with and any agreement you make.
  • Do your research about the cost of care. Use a cost comparison tool like Healthcare Bluebook to find comparable rates for the care you received to see if you were overcharged by the health care provider.
  • See if you qualify for financial aid. The Affordable Care Act requires nonprofit hospitals to offer financial assistance, such as interest-free payment plans and discounted care for low-income patients, according to the NCLC.

Even after negotiating your medical bills, though, you may still owe debt to a collections agency. If you believe there was an error during the medical billing process that you can’t resolve, get in touch with your state’s insurance commissioner.

Collect All Of Your Financial Documents

The first step you need to take in the bankruptcy process is collecting all of your financial documents to prove your income and expenses. When filing a Chapter 7 case, you must have your tax returns and proof of income from the past six months. You will also need a list of your living and medical expenses to complete the forms.

The Chapter 7 bankruptcy petition also requires you to complete a Means Test to see if you qualify to file. The test compares your income to the average household income in your state. Your average total income must be below your states median income to qualify for Chapter 7 bankruptcy.

Can Medical Debt Be Discharged In Bankruptcy

Is Medical Debt Dischargeable in Bankruptcy? In a bankruptcy, medical debt is considered non-priority unsecured debt: Its dischargeable, meaning it can be forgiven. By contrast, priority debtsuch as tax bills, child support and most student loanscant be eliminated through bankruptcy.

What Happens To Medical Debt In Bankruptcies? Medical debt incurred before you file bankruptcy is eliminated when you receive your bankruptcy discharge. That even includes any medical bills you dont get until after the bankruptcy case is filed. As long as the medical treatment happened before filing, the debt is dischargeable.

How Do You Get Medical Debt Forgiven? If you have a verifiable hardship, like a disability which prevents you from working, you may be able to seek medical bill forgiveness. In this case, you petition the provider to forgive the debt entirely.

Do Medical Bills Go Away After Bankruptcy? Medical debt, like most other unsecured debt , will be wiped out in Chapter 7 bankruptcy.

Recommended Reading: How To File Bankruptcy In Texas Without An Attorney

Will Bankruptcy Discharge My Medical Debt

The type of bankruptcy you file will determine what happens to your medical bills. During a consultation, an attorney will help you evaluate which type of bankruptcy best suits your personal situation. Here are the two different avenues available to prospective clients to resolve medical debts through bankruptcy.

  • Chapter 7: In this bankruptcy, the filer is allowed to discharge all unsecured debt, surrender and discharge unnecessary or unaffordable secured debt and do so in approximately four months. Theres not a financial limit on the amount a filer can discharge through this type of bankruptcy. At the end of the proceedings, the filers unsecured debts credit card debt, some back taxes, wage garnishments, auto repossession and medical expensesare discharged. The filer can keep all property he or she owns so long as they are under the state-imposed exemption limits. During the process, the filers assets are reviewed. Though its sometimes called liquid bankruptcy, its rare that personal assets are liquidated.

Negotiating A Settlement Plan With Your Doctor

Tacoma Bankruptcy Attorneys

To start with this option, ensure you have settled all your insurance payments. After that, you can call your doctor to negotiate on how to settle your debt. Working directly with your creditors may open up better possibilities like a repayment plan that is interest-free. Additionally, if it is an uninsured medical bill, your doctor may waive a certain percentage of the cost. Several hospitals routinely discount or waive debts for patients that are not insured.

You May Like: How Many Times Has Donald Trump Declared Bankrupcy

Do Hospitals Write Off Unpaid Medical Bills

Many factors go into how and if, a hospital writes off an individuals bill. Most hospitals categorize unpaid bills into two categories. Charity care is when hospitals write off bills for patients who cannot afford to pay. When patients who are expected to pay do not, their debts are known as bad debt.

Us Medical Debt And Insolvency By Demographics

24. 26% of Americans aged 18-64 struggle with paying their medical bills.

More than one-fourth of Americans struggle with healthcare costs, according to a recent study. The studys medical debt statistics show that among the participants who reported issues paying their medical expenses, 53% were uninsured, and 20% were insured. Among those with private insurance, 26% had a high, and 15% had a low deductible. About 47% of the participants had a disability, while 22% had no disabilities.

25. More women than men struggle with medical debt in the US.

Out of all female participants, about 29% said they were struggling with medical debt in the past 12 months. This compares to 23% for male participants.

26. Hispanic and African Americans are more affected by healthcare debt than White Americans.

The KFF/NYT medical bankruptcies statistics established that 32% of Hispanics and 31% of African Americans struggled with medical debt. Among White Americans, only 25% reported issues with paying medical bills.

27. The South Census Region in the United States struggles the most with healthcare debt.

Read Also: How To File Bankruptcy In Texas Without An Attorney

What About My Tax Refund

This question comes up quite a bit. If you anticipate a large refund, talk about this issue with your attorney. It may be a good idea to delay filing until after you receive your tax year refund for the past year. Technically, when consumers file for bankruptcy, all their non-exempt property goes to the trustee. That includes tax refunds. Since the policies vary depending on where you live, you may be able to use the wildcard exemption to exempt the tax return.

Let’s Summarize…

Owing past-due income taxes can be stressful. These bills are often so high that, even if you fall behind a little, you could end up owing a lot of money. Fortunately, if your debts meet certain requirements, filing Chapter 7 bankruptcy can erase past-due income tax debt in one fell swoop.

Can You Declare Bankruptcy On Medical Bills

What is a medical bankruptcy?

When you need medical treatment, bills may be your last concernand understandably so. Wellness is your first priority when your health is at stake. But medical bills can cause their own kind of injury, specifically aimed at your financial well-being.

If you’re overwhelmed with medical bills and don’t know how you’ll pay them, you may wonder if declaring bankruptcy on your medical debt is a possibility. Technically, it isbut not as a standalone option. There is no such thing as medical bankruptcy, but medical debt is dischargeable through regular bankruptcy proceedings.

Don’t Miss: How Many Bankruptcies Has Donald Trump Filed

Get Copies Of Your Credit Report

The next step is to acquire copies of your credit record. In this report, you will see the list of creditors that you need to include in your bankruptcy forms, including the healthcare providers you owe. Though you might only be worried about your medical or credit card debt, you must list all priority, secured, and unsecured debts on the bankruptcy forms. You can request a copy of your credit report online for free every twelve months.

You can get a copy of your report in one of three ways:

  • Get it online through AnnualCreditReport.com. This is the only website authorized by the federal government to provide online credit reports.
  • Mail the request form to Annual Credit Report Request Service, PO Box 105281, Atlanta, GA 30348.
  • You must include all medical costs and potential medical debt at the time you file regardless if you know how much the bill will be or whether insurance will cover enough of it. You cannot claim it after your bankruptcy filing is complete, and you will be required to pay the full amount.

    How Many Bankruptcies Are Due To Medical Bills

    This is a difficult question to answer because there are different ways medical bills can lead a person to file bankruptcy:

    • cases where hospital bills make up most of the debt

    • cases where the cost of medical care and lack of insurance coverage caused the filer to use credit cards to pay for other expenses

    • cases where the filer used credit cards to pay for medical expenses not covered by their health insurance

    In 2005, then-Harvard professor Elizabeth Warren published a paper concluding that more than 40% of personal bankruptcies are due to medical debt. This number was updated to more than 60% in 2009.

    From experience, we can tell you that almost all low-income Americans who file bankruptcy have some sort of medical debt. Hereâs just a small sampling on questions related to medical debts from our Facebook Community.

    You May Like: How Many Bankruptcies Has Donald Trump Filed

    When Should I File Bankruptcy For Medical Bills

    Thatâs another hard question. Filing bankruptcy is not right for everyone or every situation. Some factors to consider are:

    • The amount of medical debt: Can you pay it off in a year with monthly payments?

    • Your total debt: Are you juggling multiple debt repayments every month?

    • The amount of money you earn: What type of bankruptcy can you file?

    • The exemptions you can claim to protect your property: Would you lose any property by filing bankruptcy?

    A free credit counseling session can help you figure out whether bankruptcy is the best debt relief option for you.

    Seek Help From Assistance Programs

    Discharging Medical Bills in Bankruptcy

    Many hospitals and other medical facilities have assistance programs that will grant you reduced or free hospital care as long as you qualify. Free medical care depends on your income level. For example, the hospital may cover bills for the necessary medical services through the Hospital Care Assurance Program.

    Additionally, non-profit medical facilities that are exempted from federal tax may consider your financial hardship as far as paying medical bills is concerned. You can contact your medical provider for more details and apply for coverage that applies to you.

    You May Like: How Many Bankruptcies Has Donald Trump Filed

    Won’t Unemployment Benefits And Stimulus Funds Cover The Bills I Can’t Pay

    Perhaps, but you shouldn’t count on it. Researching and applying for all programs available to you is a good start. Just be sure to pay close attention to whether you’ll need to repay some amount at some point.

    For instance, your state might forbid evictions temporarily but expect you to repay your landlord when the economy reopens. And most utility companies that have agreed not to turn off services during the pandemic will keep charging you. If you don’t pay the balance once the outbreak ends, an eviction or a utility shut off will likely follow.

    Because most programs aren’t freebies, plan to pay the landlord or provider at some point, so you don’t find yourself without heat or a place to live. But keep in mind that you might be able to negotiate a lower past-due amount or to pay the balance off in installments over time. If you’ve stashed away extra funds, you’ll have the capital with which to work. However, if you can’t come up with a workable agreement, or if you didn’t save enough to bring your debts current, you’ll want to consider wiping them out in bankruptcy. Back rent and utility payments are two obligations filers can discharge in bankruptcy.

    Just keep in mind that bankruptcy comes with downsides. Not only will your credit rating take a hit for a few years, but if you discharge a utility bill, you’ll likely need to put down a substantial utility deposit. Also, many landlords won’t rent to prospective tenants for a year or two after a bankruptcy filing.

    Although You Must Repay Some Of Your Medical Debts In Chapter 13 Bankruptcy You Do This Through The Protection Of Your Chapter 13 Repayment Plan

    High medical debt is cited by many as the primary reason for filing for Chapter 13 bankruptcy. Although you must repay some of your medical debts in Chapter 13 bankruptcy, you do this through the protection of your Chapter 13 repayment plan. Most people with large medical debts who file for Chapter 13 bankruptcy end up paying only a portion of their medical debts through their repayment plan the rest are discharged at the end of the plan period.

    Don’t Miss: Bankruptcy Petition Preparer Guidelines

    Medical Bankruptcy: Does It Exist

    Medical bankruptcy is not an official legal category of bankruptcy. That doesnt mean filing for bankruptcy cant help with your healthcare bills it just means you dont get to pick and choose which debts to include in your bankruptcy.

    When you file for Chapter 7 or Chapter 13, medical debt is only one of the categories that may be involved in calculating your total obligations. The bankruptcy process can also affect outstanding credit card debt or your ability to stay in your home.

    Thats why its crucial to know exactly what youre getting into when considering bankruptcy for medical debt. Learning about Chapter 7 and Chapter 13 will help clarify what you could stand to gain and lose during the process.

    Statute Of Limitations On Debt In Ohio

    Medical Bills Can Lead to Bankruptcy. Plan ahead with Standard Life and Accident Insurance Company

    The statute of limitations on collecting medical debt in Ohio is six years. Keep in mind, though, that this does not mean the debt is eliminated after six years you still owe it this simply means that a debt collector can no longer take legal action against you. If the unpaid debt is not paid in full, it will remain on your credit record and negatively impact your credit score even if the six-year statute of limitations has passed and creditors are no longer calling you.

    Recommended Reading: How To File Bankruptcy In Wisconsin

    Can You Lose Your Home Over Medical Bills

    Massive medical bills can affect every area of your life, making money tight and leaving little left over to pay other bills, like your mortgage or rent. A debt collector for a medical bill cannot threaten to take your house. But if you let unpaid medical bills pile up unchecked, you could back yourself into a corner where you have fewer and fewer financial choices.

    When you file bankruptcy due to medical bills, you can often remain in your current home. Filing bankruptcy can often stop foreclosure proceedings. Whether Chapter 7 or Chapter 13, our skilled bankruptcy attorneys can help you explore which option is best for you and your family and how you can maintain a viable living arrangement.

    Contact A Skilled Bankruptcy Lawyer Today

    If you are struggling under insurmountable debt and dont know where to turn, it may be time to talk to an affordable bankruptcy attorney. At Fesenmyer Cousino Weinzimmer, our attorneys are skilled and compassionate, and we will walk beside you throughout the bankruptcy process. We have helped thousands of clients get back on their feet and get a fresh start. To find out how we can help, call us at 614-228-4435 , 937-222-7472 , or 877-654-5297 . We offer a free, no-obligation consultation with an attorney.

    You May Like: How Many Times Has Trump Declared Bankruptcy

    What Happens To My Irs Tax Debt If I File Bankruptcy In 2021

    5 minute read ⢠Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we’ll never ask you for a credit card. Explore our free tool

    In a Nutshell

    The most common of all of debts owed to the IRS is unpaid income taxes, also known as back taxes. Chapter 7 bankruptcy is an option if your tax debt meets certain requirements.

    Written by Attorney Jonathan Petts.

    Debts owed to the IRS come in many shapes and sizes. The most common type of debt people owe to the IRS is back taxes, also known as unpaid income taxes. Now that more people freelance full time or moonlight part time, back taxes are a bigger issue than ever.

    Looming unpaid debt can be stressful, and the IRS can be aggressive in its efforts to collect back taxes. As a public entity, the IRS is the worldâs largest debt collector, and it has many tools that private debt collectors can only dream of. Fortunately, filing Chapter 7 bankruptcy is a straightforward way to stop IRS harassment. In many cases, as outlined below, bankruptcy might end IRS harassment for good.

    Negotiate A Settlement With The Medical Provider

    Can you file bankruptcy on medical bills: will it clear them?

    To start, make sure you’ve resolved all insurance payment issues. Once you have gotten all of the available insurance coverage, consider negotiating a settlement with the creditor. If the bill was for uninsured medical costs, then the medical provider might waive a percentage of the bill. Many hospitals and other medical providers routinely waive or discount bills for uninsured patients.

    You May Like: Taco Bell Bankrupsy

    RELATED ARTICLES

    Popular Articles