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Can I even file?

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    Can I even file?

    I am 26 and have two kids. I have a boyfriend but do not work. (Both kids are special needs). I have about 15,000 in MEDICAL bills. $600 on a credit card that I pay, have never been late. I do not own a car or house, or anything worth anything.

    Can I file with just medical bills?
    Can I file even though I have no job?
    Can I still keep my credit card and continue paying it?

    Thanks for your time.

    #2
    You can include medical bills in a bankruptcy, but you should try to work with those medical providers first. Many will write off most if not all of the bills, especially if they know bankruptcy is something you may need to consider.

    Depending on where you live, there may also be medical assistance programs through the state.

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      #3
      If you choose to file you must list ALL of your debts including medical and credit cards. With that said, the chances of keeping the credit card are non-existent. Even if you chose pay off the credit card and just file against the medical debt, chances are the credit card company will close the account.

      Oh yeah, yes, you can file even though you don't have a job. With that said, I thing you not having a job is a larger problem than your debt. Wiping out your debt with bankruptcy will not bring you any income. Additionally, being your childrens' medical situation the medical bills won't stop. I have a special needs child myself, every time you get medical bills paid, there are more waiting for you.
      Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
      Deadline to File a Complaint: March 8, 2010

      Discharged and Closed March 11, 2010

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        #4
        I don't know what state you are in, but in Texas, where I live, there is the CHIP program for children under age 18. Call you local county department of health and human services. They should be able to point you in the right direction regarding medical bills related to your children. If you have no job or income, you should be able to qualify for whatever your state offers in this regard.
        Filed Consumer Chapter 7 12/18/08
        341 meeting 1/15/09

        No-asset distribution report filed 1/20/2009
        Discharged 3/23/09

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          #5
          You can file but I would try and work with Medical providers and see what they can do. Most will cut bills in half or more without much hassle. Get a detailed list of what your paying for and go line by line to get it cut by even more. You also need to get in a position where you wont have those bills in the future. No point in discharging 15K now if you or your kids get sick again in 2 years or something.

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            #6
            I wouldn't file just over 15.000 in medical bills.

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              #7
              Based on your current situation, you should have no problem with the means test.

              However, your situation, IMO, likely does not justify BK at this time. Since you have no job and the two special-needs children, and likely no assets that can be seized by creditors, you are probably "judgment-proof".

              Filing for Chapter 7 is something that should not be done lightly, since you can only do this once every eight years. I would wait until you have a steady job with benefits before filing.
              C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
              Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!

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                #8
                Want to reiterate that once you file you can't file a chapter 7 again for 8 years. And it sounds like you're likely to have more medical bills in the future. So I'd explore all alternatives.

                That said, you certainly can file. But being eligible to file gives you a lot more leverage in negotiating.
                12/2009 Stopped paying CCs; 3/10 1st suit;
                8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
                9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

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                  #9
                  It's already been said, but I'll say it too. You have no assets or income to protect. Yes, you can file, but it seems premature.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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