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 Medical bankruptcy: fact or fiction? -2

You've probably heard that someone used the term “medical bankruptcy”. This word is commonly used by people who either go through a financial crisis related to medicine, or are familiar with someone who has a serious medical debt. Although medical bankruptcy is not a legal term, it is a useful term to describe a financial remedy for a person who may have reached the end of his rope due to medical debt.

Medical banking can be a misleading term because there are no remedies available exclusively for medical debt. In general, bankruptcy is the dissolution or reorganization of part or all of the individual debt. When you file for bankruptcy of any type, you must include all your debt. This applies to mortgage loans for housing, car loans, credit cards and medical debt. There are several types of bankruptcies, but most individuals who filed for bankruptcy on medical debt usually filed for bankruptcy in chapter 7 or chapter 13. Chapter 7 bankruptcy may allow a person to liquidate their debts, while bankruptcy in chapter 13 may allow a person to restructure their debt in the 3-5 year plan and at the same time reduce the principle of their debt.

The idea that medical bankruptcy exists as a legal remedy may have arisen because the court treats medical debt differently than other types of debt. Not all debts will receive the same treatment in court. A bankruptcy court usually divides an individual debt into two classes: secured debt or unsecured debt. Secured debt is a type of debt that is usually tied to assets, such as a car loan or a mortgage loan. Unsecured debt is usually not tied to assets, but can often be eliminated or seriously reduced by bankruptcy. It is important to realize that medical debt is usually classified as unsecured debt.

Although the term “medical bankruptcy” is not a legal term, it is a useful way for an individual to describe how their finances get into chaos. An experienced bankruptcy lawyer will immediately understand what the client needs when they ask about medical bankruptcy. Then a bankruptcy attorney can tell them how bankruptcy can be a solution to their financial difficulties caused by medical debt, and even help a person decide whether chapter 7 or chapter 13 is appropriate for their situation. After the person decides the best course of action, the lawyer will then proceed smoothly through the legal process of filing and receiving bankruptcy.

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 Medical bankruptcy: fact or fiction? -2


 Medical bankruptcy: fact or fiction? -2

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