Medical Debts and Bankruptcy

Overwhelmed with medical debt? If you have incurred medical debt due to illness or having medical procedures without insurance, a Chapter 7 bankruptcy can help you get rid of your debt. Many people are mistaken in thinking they are only able to file bankruptcy on consumer debts such as credit cards or unsecured loans, but medical debts are also included in bankruptcy.

Medical debts can be tantamount to credit card debt for a lot of people and many hospitals and clinics pursue these debts vigorously.In Minnesota, hospitals and clinics are able to collect medical debt from both spouses even if the debt is only incurred by one spouse, which can create issues if your family members have medical issues. Bankruptcy can help you avoid harassment, lawsuits and garnishments and bank levies on behalf of hospitals and clinics.

Many times, people suffering from illnesses or medical debts will be out of work and unable to keep up with their hospital bills and regular living expenses. Hoglund law can help! Please schedule a free consultation with one of our experience bankruptcy attorneys to discuss how we can help you through a medical bankruptcy.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →


Stopping Lawsuits, Garnishments and Bank Levies

When a person doesn’t earn enough money to cover his or her expenses, life can be stressful enough. Unfortunately, this financial stress can become overwhelming when one or more of an individual’s creditors threaten to take legal action to collect money from a debtor.

For example, credit card companies and medical providers often bring civil lawsuits against debtors who do not pay their bills. Once a creditor obtains a judgment against a debtor, the creditor can begin garnishing the debtor’s wages or seizing money the debtor has in his or her bank accounts. This can have serious negative consequences for some debtors, who may not be able to afford to put food on the table or pay their monthly rent if all of the money in their bank account is suddenly seized.

Fortunately, bankruptcy can offer relief for people who are being threatened with lawsuits, garnishments or bank levies by creditors. Once a person files a bankruptcy petition, an automatic stay goes into effect. The automatic stay prohibits creditors from taking any further action to collect debts from the petitioner for the duration of the bankruptcy proceeding. As a result, creditors must immediately stop from garnishing a person’s wages or seizing his or her bank accounts.

In addition to stopping wage garnishments and bank levies, the automatic stay can benefit debtors in many other ways, such as by delaying evictions or utility shut-offs, stopping repossessions and can even be used to prevent a home foreclosure in certain circumstances. If you have questions about whether the automatic stay could help you, contact a local bankruptcy attorney.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →


Can I Get Rid of my Medical Debt Through Bankruptcy?

You may be wondering whether or not you can discharge your medical debt through bankruptcy. The short answer is, yes. Many individuals have circumstances that lead to high medical bills that they’re unable to pay, a burden that can be completely cleared with a discharge of a chapter 7 bankruptcy.

Medical debts are considered unsecured non-priority debts, meaning they’re entirely dischargeable in a chapter 7 bankruptcy. Once these debts are discharged, you are no longer responsible and creditors may no longer come after you. In order to qualify for a chapter 7 bankruptcy, you need to pass an income means test. This means you (and your spouse if applicable) need to satisfy certain income requirements in order to be eligible for chapter 7 relief. This is something your attorney at Hoglund Law will be happy to analyze with you at your free bankruptcy consultation meeting.

It is important to keep in mind that your chapter 7 bankruptcy will only discharge debts that are outstanding at the time of filing. If you know that you are soon to be incurring significantly more medical debt, it may be worth waiting to file until after that happens. It’s also important to keep in mind that you may only be granted relief under a chapter 7 bankruptcy once every 8 years.  This means, if your medical care or the medical care of your family is ongoing, or you know a large expense is coming soon, you may want to wait until treatment is complete before filing for bankruptcy.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →