risks with filing chapter 7

[taketime]

I have retained a lawyer after much research, but am still hesitant about filing Chapter 7 -

I am unemployed, laid off 3 years ago, and not making enough (temp jobs) to make ends meet anymore. Problem is, although C7 is justified, and I meet the means test, I am worried about using up my option to file because there could be medical issues down the road.

I.e. - I am over 60 years old, meager or no medical insurance due to unemployment, but finding I probably need the relief of filing near term just to survive. I am giving up my condo.

If I do file, and I have some medical problem in the future (a stroke over the stress of this!!!)..............whats the worst that can happen? Is it that a hospital can turn me away if I don't have cash??? or that I would be liable for all medical debt because I can only file bk once every 7 or 8 years? I hate to go into retirement age with this risk. Maybe I can stay healthy.

Any opinions? Thanks, wish I could sleep nights..............

[ready2puke]

Wow you sound just like me...I have to give up my insurance in March..I'm 60 also and really freaked out since I have ear problems. 65 is a long long way away. I do have a free clinic near to me I'm going to check out.
Maybe you can look into that also. Its a damn shame we can't qualify for government assistance...if only we were illegal then we'd be ok...
good luck

[frogger]

Depending on your financial situation at this time, you may best be served by delaying the filing. If you have little to no income, no assets, nothing to seize, and nothing to lose, then let the creditors have at it.

They can't get blood from a turnip.....

[momisery]

Yep.. 60 and I am healthy and working but hubby has COPD and while he is working who knows what his future is. We had to file, medical debt and the economy that caused his job loss. His new job pays little, but better than unemployment at least and he feels better working than staying at home. Filing was our only choice, but I am now considering a divorce so I don't have to cover him on my insurance. That way, if he gets sicker his name will be on nothing that I own, and he and I will still have a home. Right now if he gets sick they can come after my wages because I make a whole whopping 30,000 per year... I am sure they will decided we can live in a box someplace and keep paying the DR and hosptial. I do not want him to die in the streets, I know he can get medical help at the ER so we have no real choice here but to divorce. The problem is that he can't get the meds he needs this way because I can't put him on my insurance, and where he works doesn't offer a plan. You know, we were so horrible that our once 800 credit score is now zippo... and we have a BK so finding a job for a 60 year old male with mild COPD and a bad credit score was really hard. The job he found pays little, and they put him on salary and work him from 8 until 6 M-F and Sat 9-12 or when ever the customers leave the store...lunches are hard to come back and so is a bath room break.. but at least it is a job, stressful, but a job.

[lovebirds]

Yep.. 60 and I am healthy and working but hubby has COPD and while he is working who knows what his future is. We had to file, medical debt and the economy that caused his job loss. His new job pays little, but better than unemployment at least and he feels better working than staying at home. Filing was our only choice, but I am now considering a divorce so I don't have to cover him on my insurance. That way, if he gets sicker his name will be on nothing that I own, and he and I will still have a home. Right now if he gets sick they can come after my wages because I make a whole whopping 30,000 per year... I am sure they will decided we can live in a box someplace and keep paying the DR and hosptial. I do not want him to die in the streets, I know he can get medical help at the ER so we have no real choice here but to divorce. The problem is that he can't get the meds he needs this way because I can't put him on my insurance, and where he works doesn't offer a plan. You know, we were so horrible that our once 800 credit score is now zippo... and we have a BK so finding a job for a 60 year old male with mild COPD and a bad credit score was really hard. The job he found pays little, and they put him on salary and work him from 8 until 6 M-F and Sat 9-12 or when ever the customers leave the store...lunches are hard to come back and so is a bath room break.. but at least it is a job, stressful, but a job.

I thought that if you paid something per month ($5-$20), most hospitals will not send you to collections anyway. We haven't paid on my husband's hospital bill in 2 years and it has sent to collections but they done more than send bills to our home. Could he apply for Medicaid if you divorced? You are required to cover him under insurance?

[NewDawn]

Please don't let the health insurance go for your husband. Please read my thread "Nightmare after Chapter 7." To make a long story short, my husband got diagnosed with cancer just three months after our discharge papers came in the mail.

We did qualify for charity care at the hospital, but it was EXTREMELY stressful having to deal with both the financial issues as well as wondering how he was going to get medical help as well. Usually most non-profit hospitals will qualify you for charity care somewhere around the 200% of federal poverty guidelines for your family size.

In our state, Texas, there is almost no help as far as public insurance goes. His small social security disability checks put him over the income limit to qualify for SSI/Medicaid. Medicare won't kick in until July of 2011, a full TWO YEARS after receiving disability checks. He did qualify for the county indigent healthcare program before the social security checks came in, but he quickly depleted the $30,000 maximum undergoing chemotherapy. Texas has a risk pool insurance, but it is extremely expensive, usually more than what a group policy would cost.

I don't know what else your state might offer or if your husband was a veteran.

If there is any way you can afford the health insurance premiums and you have current medical issues, I would try to keep the insurance until you have something else in place. Trust me, you don't want to go through what we just went through. It's just not worth it.