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If I declare bankruptcy for my medical debt and then later that year or next year I get another health issue would that be cover

San Diego, CA |

Ed under that bankruptcy or can I file another one?

Attorney Answers 4

  1. Generally no as bankruptcy would cover your debts that ocurred pre-petition or before you filed. Post-petition debts would not therefore be covered and it would be 8 years before you could file again.

    If you think you might incur a medical debt such as an operation then it is better to wait to file until after that occurs but if you have no pressing health issues now and you have significant medical debt then it might be better to file soon.

    Contact an attorney to discuss your options.

  2. Debt incurred after the date of the filing is not part of the bankruptcy. You can only obtain discharge in bankruptcy once every 8 years. Do you maybe qualify for Medi-Cal?

  3. Bankruptcy will discharge debts incurred prior to the filing of bankruptcy. If you need further medical treatment, you should to wait and file bankruptcy in the future.

    Law Office of Michael J. Primus We are a debt relief agency and help people file for bankruptcy under the bankruptcy laws. We have offices in California only.

  4. Post-petition debts are not covered by a bankruptcy filing. If you file for Chapter 13, you can convert and add those debts (provided that you qualify for a Chapter 7 case at that point). Otherwise, wait until your issues are resolved if you can.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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