Eugene, OR asked in Bankruptcy for Oregon

Q: Is there a bankruptcy for medical alone ?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Bankruptcy Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I am not sure what you mean. When you file bankruptcy you have to list all your debts and all your debts will be discharged. So if you only have medical debts, sure, you can file bankruptcy to get rid of just those debts. You don't have to have other debts.

If you have other debts you probably want to get rid of them as well. The exception would be if you have a mortgage or a car loan and you want to keep your house or your car. You still list those debts but you elect to keep paying the debts so you can keep your house or car. You will want to discuss whether this is a good idea with your bankruptcy attorney.

The classic type of bankruptcy is a chapter 7 where you file and a few months later the bankruptcy is over. However, sometimes people are in a tough situation like where they are a few months behind in their mortgage payments and they want to save their house. In that case a chapter 13 may give them more options. That is where you file and submit a plan to pay some of your debts over 3 - 5 years. Once a judge approves the plan you can make your payments and during the plan the bank cannot foreclose on your house. The plan will be designed to let you catch up on your payments and save your house. At the end of the plan you may still have unpaid debts that are discharged so you no longer have to pay them either.

Make and appointment to speak to a bankruptcy attorney and see what they recommend.

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