Many clients worry about losing their doctor when filing for bankruptcy, particularly when seeking to discharge medical debt. While some providers may request payment plans or deny non-urgent care until balances are settled, this varies by practice.

Medical bills are considered unsecured debt, which can typically be discharged in Chapter 7 bankruptcy. When a bankruptcy is filed, and money is owed to a doctor, this debt and creditor are required to be listed in your bankruptcy petition. Filing for bankruptcy does not automatically require you to change doctors.

Your doctor may drop you as a patient if you discharge the money you owe in bankruptcy, as long as you do not need emergency care. Federal law requires a person seeking emergency medical treatment at an emergency department to be treated and stabilized.

Representation of Doctor Handing Medical Bill to Bankrupt Patient in Arizona

What Happens to My Medical Debt in Bankruptcy, and How Could It Impact My Healthcare?

Medical debt is one of the leading causes of financial distress in the U.S., and bankruptcy offers a practical way to address it. Medical bills are typically considered unsecured debt, meaning they’re not tied to collateral like a car or house. In Chapter 7 bankruptcy, unsecured debts, including medical bills, are usually discharged entirely, offering immediate relief.

In Chapter 13 bankruptcy, medical debt is included in your repayment plan, where you make manageable monthly payments over 3-5 years. At the end of the plan, any remaining medical debt is discharged. Filing for bankruptcy does not affect your eligibility for healthcare or prevent you from seeing medical providers. However, some providers may require upfront payments for future services after a bankruptcy discharge.

This practice is not universal and varies by provider. Consulting with an experienced bankruptcy attorney might be a good idea to ensure you understand how to address medical debt.

Can I Include Medical Bills in My Bankruptcy Filing Without Changing Doctors?

Yes, you can include medical bills in your bankruptcy filing without necessarily changing your current healthcare providers. Medical debt is treated like other unsecured debts, making it eligible for discharge or reorganization in bankruptcy. However, while filing for bankruptcy can eliminate past-due medical bills, it does not prevent healthcare providers from requiring upfront payment for future treatments.

Some doctors and hospitals may decide to stop offering services if you have outstanding discharged balances, but this is not always the case. Many providers are willing to continue care if you remain current on future bills. Open communication is essential. Inform your healthcare providers about your bankruptcy filing and discuss their payment policies moving forward. A qualified bankruptcy attorney can help you navigate these conversations and ensure that including medical bills doesn’t disrupt your access to necessary care.

Will My Health Insurance Be Affected If I File for Bankruptcy?

No, filing for bankruptcy does not directly impact your health insurance coverage. Your health insurance coverage remains unaffected as long as you keep up with premium payments.

Health insurance policies are generally exempt assets, meaning they are protected during the bankruptcy process. If you have an employer-sponsored health plan, it remains active as long as you stay employed and fulfill the policy requirements. Nevertheless, if you’re behind on premiums for a private or self-purchased plan, those arrears may need to be addressed during the bankruptcy filing.

It’s also important to note that filing for bankruptcy does not affect your eligibility for government-subsidized insurance programs such as Medicare or Medicaid. If you’re worried about losing coverage, work closely with your bankruptcy attorney to ensure your health insurance remains unaffected. Maintaining insurance coverage during and after bankruptcy is crucial to protecting yourself from future medical expenses and financial stress.

Will Filing for Bankruptcy Stop Collection Calls from Medical Providers?

Yes, filing for bankruptcy provides immediate relief from collection calls and other debt collection efforts related to medical bills. When you file, an automatic stay goes into effect. This court-ordered protection prevents creditors, including medical providers and collection agencies, from continuing collection activities such as calls, letters, or lawsuits. The automatic stay ensures you have time to reorganize your finances without constant harassment.

Under Chapter 7, medical debts are typically discharged, meaning you no longer owe them, while Chapter 13 includes medical debts in a repayment plan with manageable monthly payments. This process allows you to regain control over your financial situation and focus on addressing other pressing needs. If you’re overwhelmed by collection calls, bankruptcy can provide immediate relief and a long-term solution to eliminate or reduce your medical debt.

Are Medical Debts Treated Differently in Bankruptcy, and How Does This Affect My Doctor?

Medical debts are treated as unsecured debts in bankruptcy, which places them in the same category as credit card debt and personal loans. This means they are eligible for discharge in Chapter 7 bankruptcy or included in a repayment plan under Chapter 13. For most patients, this provides substantial relief from the burden of unpaid medical bills. Unfortunately, discharging medical debts can affect your relationship with your doctor or healthcare provider.

While filing for bankruptcy prohibits providers from collecting on past-due balances, some may decide to limit or end services if they are no longer receiving payments. This decision is at the discretion of the provider and varies widely. To continue receiving care, discuss your bankruptcy filing and potential payment arrangements with your healthcare providers. An experienced attorney can also guide you on protecting your healthcare relationships post-bankruptcy.

Can I File for Bankruptcy If My Medical Debt Is Related to Chronic or Emergency Care?

Yes, you can file for bankruptcy if your medical debt is related to chronic conditions or emergency care. Bankruptcy is designed to provide relief for individuals facing unmanageable financial obligations, including those resulting from significant healthcare expenses. Whether the debt stems from long-term treatments for chronic illnesses or a sudden emergency requiring extensive care, medical debt qualifies for discharge under bankruptcy law.

In Chapter 7, the debt can be eliminated entirely, while Chapter 13 allows you to create a repayment plan for manageable contributions over time. Filing for bankruptcy immediately halts collection efforts, providing relief from aggressive calls and lawsuits. This allows you to focus on your health without the constant stress of unpaid medical bills. Consulting an AZ bankruptcy attorney can help you manage your chronic or emergency-related medical debts effectively while protecting your financial and personal well-being.

CONTACT OUR ARIZONA BANKRUPTCY LAWYERS


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    Tempe, AZ 85282

    3707 E Southern Ave
    Mesa, AZ 85206

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