I am being charged by the State of Michigan for medical expenses from my child's birth. Can this be discharged in bankruptcy?

Asked over 1 year ago - Belleville, MI

I am currently going through a Chapter 7 bankruptcy. I recently became aware of a $3,000 charge imposed by the state for the birth of my child four years ago. The charge isn't listed as an arrearage when I looked up my case. I never receive notice that this charge was ordered by a judge. Could I file a motion with the bankruptcy court to get this discharged?

Attorney answers (3)

  1. John Martin Hilla

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . Have you retained an attorney for your Chapter 7 bankruptcy? If so, consult your attorney.

    The debt is likely dischargeable, however. Administrative and other governmental fees that do not fall into the specific categories of debt, such as recent tax debt or unpaid child support, etc., that the Bankruptcy Code explicitly excludes from dischargeability are just as dischargeable as any common credit card debt.

    If you've already filed and haven't scheduled this debt, you'll need to amend your schedules to list it and properly notice the creditor (State of MI).

  2. Thomas J. Maronick Jr

    Pro

    Contributor Level 8

    2

    Lawyers agree

    Answered . I am a Maryland practitioner but will try to handle this one. Medical bills generally ARE dischargeable in a Chapter 7. Now where this is tricky is that it is for the birth of YOUR child. If this can be seen as any kind of child support, then no.

    However, let a court tell you that you are wrong. I suggest you put the bills on the bankruptcy, following the rule that generally medical bills are dischargeable. Unless there's some Local Rule in Michigan I am not aware of, I think this is a good strategy.

  3. Robert Michael Fox

    Contributor Level 10

    Answered . Medical bills are generally dischargeable in Bankruptcy. I am not sure why the "charge was ordered by a judge". Did the judge issue a judgment for the creditor? In any event, it is your duty to add the creditor on your schedules. Follow the local rules when amending.

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