It's all or nothing, you need to file Bankruptcy on all your unsecured debts or don't file.

Answer Applies to: Washington
Replied: 1/18/2012

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Medical bills are dischargable in bankruptcy but there is no such thing as a "medical bankruptcy" by itself.

Answer Applies to: Indiana
Replied: 12/14/2011

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Medical Bankruptcy is a general term referring to the cause of why somebody had to file bankruptcy. Medical bankruptcy is not a legal term and you technically cant file a medical bankruptcy." If you have a lot of medical bills and need to file bankruptcy, you would file either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, and you would include all of your medical bills along with your other unsecured debts. If you are thinking about filing for bankruptcy you should contact a competent bankruptcy attorney as soon as possible.

Answer Applies to: Utah
Replied: 12/8/2011

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Whether an individual seeks to discharge medical debts alone, or in conjunction with other debts, such as credit cards, there is not a relevant distinction as to the form of the bankruptcy. The terminology you quote sounds like colloquial reference to a bankruptcy being primarily triggered by medical debt. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Answer Applies to: California
Replied: 12/7/2011

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You can file BK just for medical bills.

Answer Applies to: California
Replied: 12/7/2011

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A bankruptcy is a bankruptcy. You can include medical bills.

Answer Applies to: South Carolina
Replied: 12/7/2011

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There is no such thing as a "medical bankruptcy." Medical bills can be discharged in chapter 7 or chapter 13. Chapter 13 is a payment plan.

Answer Applies to: California
Replied: 12/6/2011

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The concept of a "medical bankruptcy" or a "credit card bankruptcy" has been around for a long time. It depends on what you mean by the term "medical bankruptcy." If you mean that medical bills are making filing bankruptcy necessary, then the term may be accurate. However, if you mean that you only want to file against medical (or credit card) bills and not list any other creditors, then there is no such animal. Bankruptcy is an all or nothing proposition. Either you list everyone you owe money to (including your aunt or brother-in-law) or you don't file. There is no picking and choosing which debts you list and which you don't. Same with property you own. You have to disclose all the property you own when you file. You don't get to leave anything out.

Answer Applies to: Utah
Replied: 12/6/2011

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There is no "medical bankruptcy." Simply include medical debts in your Chapter7.

Answer Applies to: Colorado
Replied: 12/6/2011

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No there is no such thing technically. This is a term that if used when the primary reason you need to file bankruptcy is because of medical bills rather than other unsecured debt.

Answer Applies to: Utah
Replied: 12/6/2011

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There is no such thing as medical bankruptcy. However, what you need to look into is if you qualify for a Chapter 7 Bankruptcy. With this provision, you can generally get discharged from any bills you incurred by the hospitals, labs and doctors. However, if you have other bills that can be included, you may want to think about including them as well.

Answer Applies to: Nevada
Replied: 12/6/2011

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No there is no such thing. You can go ahead and include those bills in your chapter 7.

Answer Applies to: Florida
Replied: 12/6/2011

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You must include all of your debts in your bankruptcy, this includes medical bills. There is no such thing as a "medical bankruptcy." You have a bankruptcy case with medical bills in it.

Answer Applies to: California
Replied: 12/6/2011

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The short answer to question is no. The longer answer is that in bankruptcy, all of your creditors must be included in the bankruptcy so they all can receive equal treatment. If you only have medical bills, then you would have a "medical bankruptcy". You are right in that, you should just include these bills in your chapter 7 filing.

Answer Applies to: Illinois
Replied: 12/6/2011

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Medical bankruptcy is just a term describing why you are filing bankruptcy. In fact, medical bills are apparently the most common cause of filing bankruptcy. They certainly are a very common cause of filing in our office.

Answer Applies to: Ohio
Replied: 12/6/2011

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Formally, there is no such thing as a medical bankruptcy. However, sometimes it is easier to get a loan after bankruptcy if you can show the lender that the debts were primarily medical debts, rather than consumer loans and credit cards. If you file bankruptcy to eliminate the medical bills, you must also list all of your other debts in the bankruptcy. However, you are free to repay any debt you like after the bankruptcy is filed. For instance, if you have a car loan you would include it in the bankruptcy, but you could still keep making the payments in order to keep it. In some cases, the secured lender might want you to sign a "reaffirmation agreement" to keep the vehicle, in which you agree that your personal liability for the loan is not discharged in the bankruptcy case.

Answer Applies to: Minnesota
Replied: 12/6/2011

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No. A couple of years ago a bill was introduced into Congress to create a "medical bankruptcy". It went nowhere. Lots of people file because of medical bills and it is a perfectly good reason to file.

Answer Applies to: Texas
Replied: 12/6/2011

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There is no such thing as a "medical bankruptcy" you would either need to file a Chapter 7 or a Chapter 13 in order to get your consumer debt (including the medical bills) discharged.

Answer Applies to: Michigan
Replied: 12/6/2011

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Chapter 7 for medical bills is the same as if they were credit cards or other unsecured debts. You would discharge the medical bills upon successful completion of the all requirements in chapter 7.

Answer Applies to: Florida
Replied: 12/6/2011

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There is no such thing as a "medical bankruptcy" within the U.S. Bankruptcy Code. Likely, what you are hearing is a reference to the cause of a bankruptcy - medical debt. Medical debts are dischargeable in your Chapter 7 petition provided you meet all the other prerequisites for discharge

Answer Applies to: Massachusetts
Replied: 12/6/2011

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Medical bills are simply unsecured debt that would be included and discharged in a chapter 7 bankruptcy.

Answer Applies to: New York
Replied: 12/6/2011

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All debt must be included. This does not mean that you will surrender a car or home, but all unsecured debt including medical bills will be a part of a chapter 7 Bankruptcy.

Answer Applies to: Florida
Replied: 12/6/2011

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No, your medical debts would be listed like any other in a typical Chapter 7 bankruptcy. Some people refer to it as a "medical bankruptcy" but it's no different or separate from any other Chapter 7.

Answer Applies to: New Hampshire
Replied: 12/6/2011

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There is no medical bankruptcy. Your medical debts are included in whatever form of bankruptcy you file, like the Chapter 7 you indicated.

Answer Applies to: Wisconsin
Replied: 12/6/2011

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There is no such thing as *medical bankruptcy* intended to discharge medical bills or expenses. On the other hand these debts are subject to full discharge under Section 727 of the Bankruptcy Code, whether you are seeking protection under Chapter 7, 13, or 11.

Answer Applies to: Illinois
Replied: 12/6/2011

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A medical bankruptcy is not a real legal term, but rather just a statistical classification for what caused a person to file for relief under the United States Bankruptcy Code. There has long been a stereotype, perpetuated by the credit industry, of bankruptcy debtors being deadbeats and frauds who are immoral for not paying their debts. This stereotype and stigma persist despite the fact that EVERY one of your creditors was aware of the existence of the Bankruptcy Code and even calculated the risk that you might ultimately need to seek a discharge in bankruptcy. Several years ago a number of statistics came out that illustrated the real cause of a large amount of personal bankruptcies medical bills. The fact is that most individuals that file for bankruptcy protection have attempted to pay their bills, and most are only in bankruptcy because of an unforeseen (and perhaps unforeseeable) change in their life, such as an injury or illness, a job loss, a death in the family or a divorce. Medical bankruptcy simply means that the root cause of the bankruptcy filing was due to a medical issue and/or medical bills.

Answer Applies to: Massachusetts
Replied: 12/6/2011

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No, there is currently no such thing as a medical bankruptcy.

Answer Applies to: Colorado
Replied: 12/5/2011

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When a person files bankruptcy a distinction must be made as to whether debts are primarily business or primarily consumer debts. Other required distinctions are whether a debt is a secured debt, an unsecured debt, or a unsecured priority debt. Characterizing the debt as a "medical bankruptcy" is not something that is required and is not an official term used by the bankruptcy court. Some people may choose characterize their bankruptcy as a "medical" bankruptcy because medical bills make up the bulk of their debt and explaining the reason why they are filing bankruptcy may help them to feel better about the process - "it was a medical bankruptcy" (as opposed to "I got myself into serious credit card debt")Just remember that you need to include all of your debts in your bankruptcy whether they are medical bills, credit cards or other types of debts, and you do not need to file a separate bankruptcy for each type of debt, i.e., a bankruptcy just for medical debts.

Answer Applies to: California
Replied: 12/5/2011

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No, there is no such thing. There is bankruptcy, period. And, you cannot pick and choose what debts are listed in it. Whatever debts you owe you must list.

Answer Applies to: California
Replied: 12/5/2011

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There is no such thing as a medical bankrutpcy. Some people might refer to the bankruptcy case as a medical bankrutpcy since the primary reason for filing the case was to discharge large medical bills. I guess them most bankrutpcy cases are "credit card bankruptcies" since most of the Chapter 7 cases are filed primarily because of credit card debt.

Answer Applies to: California
Replied: 12/5/2011

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No. If you hear someone talking about medical bankruptcy, they're just referring to someone who's incurred such great medical debt that they're better off just filing.

Answer Applies to: California
Replied: 12/5/2011

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Medical bills are one of many reasons people file bankruptcy, and may be discharged in chapter 7. List all of your assets and debts in your bankruptcy petition as required by the Bankruptcy Code.

Answer Applies to: California
Replied: 12/5/2011

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No. There is no bankruptcy specifically named a medical bankruptcy. And you will list all your debts, all your liabilities, and all of your assets in any bankruptcy proceeding.

Answer Applies to: Florida
Replied: 12/5/2011

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No, it's a term that people use to make themselves feel better because they filed bankruptcy. Some people like to have a justification that they filed bankruptcy solely due to medical debt. It doesn't matter why you file. It's better that you acknowledge you have a debt crisis that needs to be resolved and consider bankruptcy as an option.

Answer Applies to: Colorado
Replied: 12/5/2011

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There is NO such thing as a medical bankruptcy. Some in the media have used the term because medical bills often cause bankruptcy. But all bankruptcies work pretty much the same. Note that you CANNOT omit any debts. That is a crime. The penalties can include denial of a bankruptcy discharge, 5 years in federal prison, and a $250,000 fine.

Answer Applies to: Georgia
Replied: 12/5/2011

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Medical bankruptcy is simply a term some people use to refer to a bankruptcy where the debtor is compelled to file due to monumental medical bills. As in, but for the huge medical bills, the person wouldn't be filing. Medical bills would be included in bankruptcy under any chapter, 7, 11, 12 or 13.

Answer Applies to: North Carolina
Replied: 12/5/2011

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There is no such thing as a "medical bankruptcy". All debts your have are included in a bankruptcy, whether they are medical, credit cards or other debts, and all debts must be included.

Answer Applies to: California
Replied: 12/5/2011

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No. There is no such thing as a medical bankruptcy. Some layers may use it to refer to a case which is driven primarily by a large amount of medical bills.

Answer Applies to: Texas
Replied: 12/5/2011

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