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Chapter 13: When trying to settle bankruptcy medical bills

If your debts are too high but pride prevents you from seeking protection under Chapter 7 bankruptcy, then Chapter 13 may be the option for you. While Chapter 7 allows you to start fresh, Chapter 13 is a court-supervised repayment plan. If you fall into an income category or are currently unemployed, the court will also allow you to pay only a portion of the total medical debt. Most people who file for Chapter 13 have much higher income than Chapter 7 allows.

The repayment period under Chapter 13 bankruptcy is around 3 to 5 years. One advantage is that you get to keep your non-exempt property, which would have been sold to pay off creditors under Chapter 7 procedures. People who file for Chapter 13 have one thing in common:

  • They want to pay their medical bills, but their current situation doesn’t allow them to do so.
  • Because of their medical bills, they are behind on their mortgage or car loan payments.
  • You already filed for Chapter 7 bankruptcy last year or seven years ago. You can only renew a Chapter 7 petition after eight years.

There are other requirements for filing Chapter 13 bankruptcy medical bills, but an attorney will be better able to explain the limitations and benefits of the procedure. For example, you can’t file Chapter 13 if your debts have already been paid off more than two years ago. Filing bankruptcy medical bills also does not automatically eliminate taxes, alimony, child or spousal support, student loans, or criminal and civil liabilities.

It is important that you consider all of your options and reflect on the advantages and disadvantages of filing for Chapter 13 or Chapter 7 bankruptcy. Do not rush into a decision without first consulting your family, friends, co-workers, and attorneys. Remember, you will end up dealing with the consequences of your actions, so no matter how valuable your advice is, the decision whether or not to file for bankruptcy is ultimately up to you.

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