What if ..., After I go bankrupt?

[eek450]

I'm considering going bankrupt for many reasons. But, the main reason is because my wife has been battling cancer for 4 years and this has caused us many medical bills and a loss of her income. The good news is that she is currently in remission.

My concern is that, if I go Bankrupt now, what happens if she gets sick again (Or, I get sick) and we rack up more medical bills that we can't afford to pay?

What could I do then?
Can I go bankrupt again?

This is a concern because, currently, I have a good healthcare plan but, one of her cancer doctors threatened not to see her until we were caught up on our payments for the entire medical center. (FYI, UPMC Pittsburgh)

Any thoughts or direction to another post would be greatly appreciated.
Thanks

[free2breathe]

This is one of the scariest aspects of filing bankruptcy, and something that should be weighed very carefully. Chapter 7 bankruptcy allows 1 discharge every 8 years. You can file Chapter 13 four years after Chapter 7. If you file Chapter 13 the first time around, I think you are allowed to file again as long as you paid 70% of your unsecured debts through that previous Chapter 13.

[Peeps]

This is a concern because, currently, I have a good healthcare plan but, one of her cancer doctors threatened not to see her until we were caught up on our payments for the entire medical center. (FYI, UPMC Pittsburgh)

If they make these types of threats when you're behind on payments, what might they do if you default (via BK) on the full balance? Is there another reputable treatment center in your area if, heaven forbid, the need for one arises in the future? Might be something to consider when contemplating a Ch 7 or Ch 13 (and possibly having to do another BK down the road).

[helpmeout]

Playing the "what if" game isn't good, you will drive yourself crazy doing that. You need to deal with the now. And if filing for BK is the only option for you, then that is what you do.

[marsha]

I had some medical issues that my insurance didnt cover. I went thru the indigent program at the hospital. they helped me thru the process and all my expenses were forgiven. Also I think that most medical bills have to take a payment plan. which if you can only pay 50.00 a month they generally will do that.. you might have already done this but thought if not might be worth a look see..

[papie]

I filed bankruptcy primarily due to medical bills. We were not eligible for any assistance because we had medical insurance and made over $32k per year (that was a guideline at my hospital.) Because, you know, any who makes over $32k a year should totally be able to drop thousands on dollars whenever the hospital wants it...regardless of the fact that I pay a hefty pricetag for insurance every month. *sarcasm*

I think you should do what you need to do now, and worry about the "what if" factor when something actually happens. We can't live our life like that, it'll drive you batty.

I do want to reply to marsha's post though, hospitals do not have to offer payment plans. It's always worth checking into though.

I used to work for a hospital corporation that serviced account for hundreds of hospitals and hospital chains. Different hospitals have very different guidelines. Generally, private hospitals are a bit more strict and have that "want it now" air about them. Public hospitals that receive support via state and federal funds often are more likely to write off a balance. That's not always a given though. I think you should be able to check with a good lawyer regarding what actions the hospital could take in regards to your wife's care if you file bankruptcy. I'm not sure if they are allowed to deny medical treatment because you filed bankruptcy or not. I know they can't deny emergency medical treatment, but long-term cancer care isn't considered a medical emergency by hospitals. If a lawyer doesn't know, I would anonymously call the hospital (don't tell them your name, you don't want them to notate your account.) Tell them your spouse is getting ongoing medical care and you are considering filing bankruptcy, and ask them if they would still continue her care or if she needs to find a new doctor.

It's life, I just take it one day at a time. If we have a complete medical meltdown after our bankruptcy, we'll deal with it when it happens. In the meantime, I'm enjoying not seeing stacks of medical bills in my mailbox all the time. You'll enjoy it too, I promise!

[shark66]

Whose name are the bills under? Yours, hers, or both?

Let us know and the best of luck to both of you.

[marsha]

Another thought I had, (you probably already considered,) but thought I would post is, can your wife file by herself for her bills?? I believe you can file as married filing seperatley so your credit wont be affected. Something your attorney can figure for you.

[NCGirl2010]

I just tried to reply and it ate my post.... grrrr....

I wanted to say that I can relate to your situation as I am currently fighting cancer (7 yrs next month) with NO health insurance. I was first diagnosed in 2004 and although at the time I had health insurance and both DH & I were gainfully employed, there were many costs that were not covered and had to be paid out of pocket. I was able to get some financially assistance through local ministries and private support groups to bridge the gap. Now that I am on my 3rd diagnosis (this time cervical/uterine/ovarian cancer), I am fighting it without health insurance or a steady paying job (I work as a consultant a few times a month when I am physically able to, but it does not provide much income). I would like to suggest to you & your wife to look into the American Cancer Society's website to guide you in finding treatment and financial assistance. Unfortunately, it's not a one-stop place for all the answers you seek, but will be a great starting place.

Best Wishes - NCGirl

[ashleywatson]

To file for the bankruptcy could be best for the debt consolidation but this can affect your credit history. You must consult with the legal counsel to file for the bankruptcy.

[SweetGeorgia]

eek, I'm sorry you've had to go through all this, but it's wonderful that your wife is in remission and our thoughts are with you both. This is a tough one, even if it's a pretty common problem. It might cost you to delay bankruptcy, but it might cost you more $ to file too soon. And I don't think most bankruptcy lawyers are really prepared to look at it that way. You need one who can tell you what your creditors are doing (legally) about the debts, and what is the worst that they can do to you.

I was willing to lose our house, but I couldn't make it through a wage garnishment. So that's when we filed. But (for example) some income is exempt, and some states don't allow wage garnishment, so that will all depend on your own situation. If I had gotten sick again at the time, even the wage garnishment wouldn't have been so bad compared to the potential new hospital bills!

As for that doctor, he sounds like a jerk. But you'll probably just have to hope for cosmic justice for him. I believe doctors can "fire" patients even if the debts are discharged. But if he's threatening to "fire" you over debts that are not owed to him, then (to put it nicely) he probably doesn't give a fig about the law. Maybe homemade cookies and a sincere apology for getting sick - if your wife can do that with a straight face! - would appease him. In all seriousness, I know that finding other doctors can be difficult or impossible. I hope it works out well for you both!

[aquavir]

As for that doctor, he sounds like a jerk. But you'll probably just have to hope for cosmic justice for him.

As a dentist who went bankrupt partially because I probably wasn't as much of a "jerk" as I maybe should have been, I ask that you might not be quite so quick to judge. I think my paying patients might have had a bit less disruption in their dental care had my practice stayed open, which may have been possible if I had been more of a harda$$. It costs A LOT of money to provide QUALITY medical care. I will grant you that the system is very screwed up, but blaming the "greedy" doctors is not the answer. If you were refused service at a restaurant at which you had dined several times and not paid your bill, would you be mad at the waiter for not feeding you?

[irishonyx33]

If you were refused service at a restaurant at which you had dined several times and not paid your bill, would you be mad at the waiter for not feeding you?

Really? You're comparing cancer treatment to a meal?

[aquavir]

Really? You're comparing cancer treatment to a meal?

So it's ok to expect to be paid for feeding someone but it isn't ok to expect to be paid for saving their life? I think I would feel worse not paying my healthcare bill than not paying a bill for a simple service. The fact that you took offense to this proves my point better than I could; we take for granted that people should expect to pay for things in life (food, auto service, lawyer bills, etc), but medical practitioners should offer their services for free (or at least not expect to be paid right away). If you want to make it free (i.e. universal government run healthcare) that is fine, but that isn't the system that we currently have, and in our present system, if enough people don't pay the doors of the clinics won't stay open (or the quality of care will decrease). My original post was not an indictment of people who don't pay (I think that many of us on this forum have been or are it a situation where they need to make hard choices about who they pay and when), it was simply a request to not vilify a physician because he (or the healthcare organization for which he works) cannot continue to treat someone without compensation. Every month there are bills that any medical facility has to pay, and THOSE bills can only go unpaid for so long before that facility has problems...like paying its employees (I speak from personal experience here). At some point, there IS NO MONEY left, and the doors close, and that's it. So while the policies may seem heartless, they are in place to protect the institution so that it can continue to provide services to as many people as possible.

[shark66]

aquavir wrote:

At some point, there IS NO MONEY left, and the doors close, and that's it. So while the policies may seem heartless, they are in place to protect the institution so that it can continue to provide services to as many people as possible.

Hmm...their (UPMC Pittsburgh) CEO made $3.5 M in 2009 which was actually a downgrade from a $4.7M the year before...and that's cash compensation only...

http://www.upmc.com/aboutupmc/FinancialInformation/Pages/IRSFilings.aspx

Doesn't seem to me that they'll be going under anytime soon...or that their doctors need to be turning down cancer-stricken patients until all the bills are paid...but that's really a secondary argument here...

There is a certain oath that doctors should be obliged by, you know...as they have been for thousands of years...I guess some of them swapped it for Gordon Gecko oath...

But, then again, our politicians swear to protect the Constitution on entering the public office but majority of them spend their lives doing the exact opposite...oh well...

Good luck to us all...