medical bills after bankruptcy?

Discussion in 'Credit Talk' started by MsMcCall, Jan 9, 2005.

  1. MsMcCall

    MsMcCall Member

    It'a almost been a year since I've really read the boards. I filed for bankruptcy almost a year ago because of all of the debt I didn't have the money tp pay. I filed a ch.13 because I want to pay the money back, but if I give all of my money to the creditors I can't eat. But when I filed I didn't plan on getting sick. A month later I got really sick where I couldn 't go to work because I was in and out of the doctor's. I got really sick and lost my job. To make a long story short I had insu5rance, and it's been a on going battle with the insurance company as well. So I got charged over $10,000 worth of medical bills from the wonderful doctors that finally figured out what was wrong with me.

    So now that I've incurred this new debt. I've been worried because my goal is to get out of debt not inccur more debt.

    I read on another chat board in regards to the collection industry, that a creditor can still call me and send me letters, but they can't take legal action against me. And of course I do know I can send a cease and desist letter.

    this is part of the message from the board:

    Debtor is protected under the Automatic Stay "for the life of the plan" (presumably including post-petition). Creditors can seek relief from the automatic stay according to 11 U.S.C. Section 362(d) but that section primarily relates to secured creditor's who have a legitimate concern that their collateral isn't adequately protected.
    Under Chap 13, debtor's are not to obtain new credit without approval of the court but medical bills are considered one exception (nobody makes a conscious decision to incur debt by getting sick (except for maybe someone with Munchausen's By Proxy syndrome).

    I'm not looking for a way out. I just have very little still. I don't have credit cards and I don't go shopping, I live on a budget......My intentions are to pay back this debt. What I don't need is a creditor suing me or garnishing my wages because I then can't pay me rent or live......

    Is it true that a creditor can't take legal action against you? I know they can find ways around things.....
    I just don't want any legal action taken against me. I mean if it happens, boy I'll be excited about that.
     
  2. MsMcCall

    MsMcCall Member

    I pay them monthly what I can, I just wanted to include a short quick note. It's not like they don't see any money at all.
     
  3. TradeWiz50

    TradeWiz50 Well-Known Member

    Get your Chapter 13 dimissed.

    Refile under Chapter 7.
     

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