Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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What Happens to New Unpaid Medical Bills after BK confirmation?

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  • What Happens to New Unpaid Medical Bills after BK confirmation?

    This a question so far I have never seen an answer for : I have incurred about $1500 in revolving medical bills since around August I have been unable to pay hardly any of them off. If some of them are sent to a collections agency, would they be awarded a judgement against us while we are in an active BK13 or would they have to wait for the completion of the13 and then sue us and force us into another BK13? I had to sigh a prommisory note (for which I still owe about $233) in order to get my foot biopsy surgery done - I think this bill would trump the revolving accounts since it is a binding legal document . We have had to skip many household bills and pay them late in order to get through this medical emergency and we are starting to struggle to get to the next paycheck.
    Should I just pay a lot less to the revolving medical bills (say $10 versus $30 ) until we can get caught up? Inform them of the BK? The lawyer told us to just find a way to pay everybody we owe so we can not discuss this with him. How would you pay these bills -my husband gets paid on Thursday and we owe around 10 creditors!

  • #2
    Oh and I forgot to mention , my husband could be laid off in a couple of months so these medical bills could be our end!


    • #3
      In some instances, you may be able to have them included in the existing Chapter 13, but in general debtors are not allowed to incur any new debt or credit obligations during the pendancy of their Chapter 13.

      Let me say this with all due respect. If this is a true medical emergency, then you need to demand that your attorney ask the Trustee to abate plan payments (related to DMI and unsecured debt), to deal with these. Everyone that I know in Chapter 13s deal with this easily through a simple motion to abate payments. So long as you repay the missed payments (or amounts) over the remaining life of the Chapter 13, the Trustee should not care. Additionally, remember that this goes to the Judge and the judges are much more sympathetic to medical issues where you had to incur debt through no fault of your own.

      I don't know why you are afraid to demand that your attorney file such a motion, but, if you don't mind, let me guess. You kept presenting all types of hypothetical questions and the attorney basically said you must pay and to figure out a way. That's because those statements were all hypothetical. Actual medical issues, loss of income, and major life events are specifically why 11 USC 1329 exists (Modification of Confirmed Plan). A hypothetical is not actionable. If you car need to be repaired, you can't run to the judge and ask for a modification. But, if you have a medical issue that isn't covered by insurance and there are costs that you can't cover, you can run to the judge.

      Originally posted by Barbisi View Post
      Oh and I forgot to mention , my husband could be laid off in a couple of months so these medical bills could be our end!
      This is irrelevant to what you can do in a Chapter 13. An event must first happen, and then you can deal with actions you can take. Those are conversion, abatement, deferment, or dismissal (voluntary or otherwise).

      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        Thank you justbroke.
        the problem with these bills is they are relatively small amounts (between $107-460 each) plus a few(pathology, surgical supplies, X-rays, routine office revisits and labs) which I haven't received yet. (i.e. they were done in the last month to next week). I waited to get most of these tests done only after we reached the magical $3000 level of the HSA. (we finally had co-insurance coverage. I foolishly thought my neck ,arms,hands, etc. would get better on their own so I waited and only went through these costly procedures when I didn't get better.


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