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Law Offices of Nicholas Gebelt
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Whittier, CA 90604
(562) 777-9159
Medical bills and debt can and must be included in your Chapter 7 bankruptcy.
Bankruptcy is, believe it or not, a matter of fairness. You do not get to pick and choose which creditors are included, that even includes family members. It is also a matter of honesty.
One of the things you will do when you submit a Chapter 7 petition, or a petition under any bankruptcy Chapter, is swear, under penalty of perjury, that all your debts and creditors have been included. You will have to do this both in writing in the documents and in person at the meeting. If you did not, you have just committed perjury, which is an imprisonable offense.
So yes, you can and are even required to list medical debts.
You certainly would want to list medical debts anyway because courts tend to be very sympathetic about the discharge of medical debts, if for no other reason than the unequal bargaining power involved.
Imagine, for example, that you go to the hospital, and the doctor says you need heart surgery. If you don't have it, you will die, and it costs $50,000. If you don't pay, they won't do the surgery. You can almost view this as the doctor holding a gun to your head. Obviously, it is not quite so simple, as they are not threatening to murder you, but your life is on the line, and they have all the bargaining power.
As a result, courts tend to be very sympathetic to the idea of discharging medical debts. Somewhat less so for cosmetic surgery, but if there was serious emergency surgery, chances are very good that you'll be able to discharge it in bankruptcy.
In any event, however, it is irrelevant as you absolutely must list all your debts, including unpaid medical bills, when you file for Chapter 7 bankruptcy.
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