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My husbands medical bills and one more Bankruptcy!

Ontario, OR |

My husband and i have had 3 Bankruptcys in the past. Our last one wasnt so great our Lawyer didnt get all the bills that should have been included in there. And then on top of it all, one that was cleared by the Judge ( i cant think of what it is called right now), anyway they went and came back and took us back to court for over 800.00. What my real question is this: My husband wants to file for Bankruptcy he says yes, and I hesitate. But the only reason why I would is because of his medical bills as he had two surgerys back to back, and we have over 5000. plus of medical bills not including the credit cards bills the last Lawyer screwed up on . Should i attempt to try to pay them off , or should i go ahead and file again? We are both on disability and both have a set income.

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Attorney answers 4


A few questions. When did you and your husband last file bankruptcy? A chapter 7 or chapter 13 bankruptcy?

If you filed a chapter 7, did you have to pay creditors anything, or was it a "no asset" case?

Tim L Eblen



It was a chapter 13 and it was almost 8 yrs ago

Tim L Eblen

Tim L Eblen


The only way to have all of your questions answered is to seek out a consultation with a local bankruptcy attorney. Most will offer you a free consultation. Note that social security disability payments are protected from most creditors; including credit cards and medical bills. Best of luck, Tim L. Eblen


The question as to whether you can file again depends non when you filed and what type of bankruptcy you filed.


How much is your total debt? Do you expect to continue to run up medical debts? Have any of your creditor's sued you & obtained a court judgment. Is any of either your income or your property vulnerable to being seized by creditors under state laws called exemptions? And finally, can you afford to pay off your debts? Hope this perspective helps!


Generally you can only get one Chapter 7 discharge every 8 years after the prior Chapter 7 and you also have to wait after a Chapter 7 or 13 to file another Chapter 13 and get the discharge. So this may not even be possible. However a Chapter 13 is great for medical debts because the debts can continue to mount while you have a condition to keep them from selling a home or attaching assets then later in the case the case can be converted to a Chapter 7 or dismissed and refilled as a 7 or 13 to get the discharge after the time has run and you have completely reached maximum medical recovery.

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