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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.