Q: We own our home, that is it is paid for, if we file bankruptcy on medical bills and decide to move for the wife to be
closer to her family, can the hospital attach the funds from the sale before we have a chance to buy another home to move to. The reason we need to move is because of the wife's condition is critical, Esophageal Varices caused by Cirrhosis of the Liver due to hepatitis C and research shows this will be fatal, just a matter of time.
A: The creditors do not have a lien on your home which would have to be paid upon sale of the home unless they have filed a lawsuit and obtain a judgment. The creditor's judgment must be filed in the County where the real estate is located prior to the sale of the home for the creditor to be in a position to be paid at the time of closing. Otherwise, the net proceeds of the sale of the home are the property of the party who is on the title to the home. The creditors can still pursue their judgments, and at that time they will be able to use a myriad of strategies to attempt to collect the debt. This would be the subject of another blog post / question.
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