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thinking of filing banruptcy

Submitted by savatage2 on Sat, 11/03/2007 - 06:11
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I spoke to a lawyer earlier this week to discuss filing. We have about $25k in credit card debt and $15k in medical debt. I have 3 questions.
1. He informed us to wait to file until after we get our tax return in 2008. Has anyone heard of this and why?
2. My son has a health condition that is going to require ongoing care and he is not covered by my current health insurance because of a pre-existing condition. If we file on his current medical bills, can his health care providers refuse to treat him anymore?
3. One of the hospitals that we own to recently called to tell us that we are required to pay $100 a month towards the balance. We informed them that we cannot afford to give them that amount due to the fact that we are paying 4 different hospitals and about 6 different doctors every month. We were informed that if we send anything less than that amount, we will be turned over to collections. I was always under the assumption that if you are making an effort to make payment, there was nothing that they can do. Does anyone know if this is correct?


Welcome Savatage. I wish I could answer all of your questions, but I think I know why the lawyer advised you to wait until after you receive your 2008 tax return. If you're expecting a substantial return, I think he's advising you to wait so that the return cannot be considered as a current asset. I could be wrong though, that's just my asumption.

One of the more seasoned members will be along shortly to help you. You've come to the right place. These people are great!! :)


Submitted by darc877 on Sat, 11/03/2007 - 22:13

darc877

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I haveb't had to file bankruptcy yet- I always say yet- so someone else with that knowledge or experience can help you there.

As far as the hospital goes, I think that they are talking about a reasonable payment-for example if I owe someone $20,000, and I want to pay them $10. a month, they wouldn't consider this reasonable.This is just what I had an attorney tell me a long time ago when we were paying medical bill after medical bill. What I did do was go ahead and pay them some a month anyway, that way, when we settled in court- if it came to that I could show that I was making an effort.

However, I got a local attorney/collector that I paid for 4 years instead.

If you are speaking with a banruptcy attorney, ask him these question, and be sure and do your homework on whether this is the route you want to go or not.

Good Luck! Keep us posted on your progress!!..karen :D


Submitted by Bossy4455 on Sun, 11/04/2007 - 07:18

Bossy4455

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They want you to wait until after you file your 2008 taxes because if you don't file them first, and are entitled to a refund, you would lose that refund in your bankruptcy.

As far as the medical bills, I filed all my hospital bills in my bankruptcy and the hospital still treats me. However, there are a few dr. bills that I did not file. My attorney said that if those are still dr.'s that you see, they could refuse to treat you if you file bankruptcy on the balances you owe them. She said she has seen it happen more than once.


Submitted by Sassnlucy on Wed, 11/07/2007 - 11:40

Sassnlucy

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