Legal Question in Bankruptcy in California

Considering Ch 7 or 13. Don't know which is better.

Last year I had a daughter that was born premature. She still requires medical care at home. I obviously have chosen to pay for oxygen machines and other devices that help my daughter thrive rather than to pay off any of my $20,000 in credit card debt. I do work full time and make a decent salary (approx $50,000) but my wife is unable to work because our daughter needs constant care at home. We just sold our little car and my father bought us a larger one for which we will paying him back at a reduced interest rate (what a dad!!!). The question I have is: Knowing that we will continue to have large medical bills for at least the next few years, how can I discharge all of my debts and not worry about trying to pay back something that there is no chance to pay off? I guess a sub-question would be, are medical bills dischargable as well?

I am already about six months behind on payments and have started to get calls from collection firms. When we talk I even convince them that I should be filing for bankruptcy!

Thanks in advance for your help/advice.

James


Asked on 4/03/02, 5:55 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Considering Ch 7 or 13. Don't know which is better.

Yes medical bills, like most unsecured debts, are dischargeable as long as there is no fraud and you intended to repay the debts when they are incurred. Your situation requires a lot more complex analysis than can be done in this format. If you would like a free consultation, please visit my webpage at http://www.bklaw.com/consult.html and then contact me to schedule a time.

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Answered on 4/03/02, 6:25 pm


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