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re: Do you know anyone who filed for “medical bankruptcy “?

Posted on 11/25/23 at 11:00 am to
Posted by EsquireReb
Member since Jan 2014
104 posts
Posted on 11/25/23 at 11:00 am to
More than half of my practice is bankruptcy. In my experience, I would say very few clients file PRIMARILY because of medical. Most clients at least have some medical debt in collections but it is usually the higher interest loan companies and the aggressive collectors who push people to bankruptcy. Some collection companies call/text or sue more than others. Most clients get annoyed to the point they finally file. A lot of medical debt doesn't try to collect very hard, at least where I am at.

I have filed a few younger people, say under 30, who had an accident or issue and racked up $100,000+ in debt because of no insurance. I have a filed a few of those primarily because of the medical just because there is no other way to deal with the large amounts - but that is nowhere near half of my filings.

I would guess the most common reasons are:
(1) Wage garnishment because of a judgment - usually from a small loan or deficiency after a repo'd vehicle. Here they can take 25% of your income. Once that starts, people want to file in a hurry.

(2) Chapter 13 to stop a foreclosure of their home

(3) Client tried to buy a vehicle and can't get a loan because of all the negative marks on their credit report so they want to clean it up

(4) Just annoyed by the nonstop phone calls and texts
Posted by chinhoyang
Member since Jun 2011
23774 posts
Posted on 11/25/23 at 12:24 pm to
quote:

More than half of my practice is bankruptcy. In my experience, I would say very few clients file PRIMARILY because of medical. Most clients at least have some medical debt in collections but it is usually the higher interest loan companies and the aggressive collectors who push people to bankruptcy


I don't do bankruptcy work, but I have noted that it is very different in Louisiana as it is in Texas. When you cannot garnish wages for most debt and the exemptions are huge, the collectors are less aggressive.

Your post was informative.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 11/25/23 at 12:36 pm to
quote:

I would say very few clients file PRIMARILY because of medical.


they would be yuuge dumbasses to do so, medical debt is the most negotiable, potentially forgiven debt out there
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