About to file Chapter 7 and wife might be getting a large medical refund.

[Gabe]

I am about to file Ch7 in the next month or two and I find out today that my wife is probably getting a refund check for a botched surgery in the amount of about $10k.

I am the only who intends to file the Ch7. Does this affect anything? Will they try to get the money from her? The money is going to be used to get the surgery re-done properly.

Thanks.

[papa0881]

i would love to come to your town get the leg operations i need done (3rd) one, and get a refund check back in case it does not work, wow i never heard of this.

i would say i wouldnt tell them especially if you are going to be getting the surgery re done again?

[yoyoma51]

I believe there are some exemptions available when it comes to medical/malpractice settlements. In many cases, they cannot be touched.

PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless. Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.

[lrprn]

I am the only who intends to file the Ch7. Does this affect anything? Will they try to get the money from her? The money is going to be used to get the surgery re-done properly.

If you are filing alone and the check is made out to your wife alone, then it does not affect you. The court cannot take that money from your wife - she isn't filing.

One caution - do NOT deposit that $10K in a joint account or in an account with just your name on it! She needs to put the money in an account that is just hers.

Hope your wife's second surgery has a better outcome.

[FreshLikeADaisy]

Yes, but... if Gabe lives in a community property state, doesn't her income belong to the bankruptcy estate anyway, whether she files or not?