Providence, RI asked in Bankruptcy for Rhode Island

Q: I currently owe I’ve 10k to a hospital and am unemployed with 0 assets. Am I eligible to file for bankruptcy?

I am not eligible for financial aid through the hospital my surgeon used due to the procedure being dental related, not “medical.” My surgeon did not do a preauthorization for the procedure and neither my dental nor health insurance will pay for this bill. I am stuck with it and am only 21 years old.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: You should be eligible to file.

A: You should consult an attorney in your area privately to discuss your eligibility. Nearly everyone is eligible to file for either a Chapter 7 or Chapter 13 (or the rare individual Chapter 11) bankruptcy, but there are other questions to be explored before you make a decision to proceed with a filing. If you have engaged in transfers or sales of property within X years prior to filing, you'll need to discuss that. If you've repaid debt owed to a friend or family member in the last year, you'll need to discuss that. If you think you have a right to sue the surgeon or anyone else for any reason, you'll need to discuss that. Among a couple of dozen other considerations.

Nearly every can file a bankruptcy of one sort or another. But not everybody should. In most cases, it's fine and it is an excellent want to get out from under a medical debt that is in nearly every case completely dischargeable, but you need to discuss it with an attorney.

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