Can a person file Medical Bankruptcy before the 7 year. term on a regular bankruptcy is up?

My mother-in-law has major medical bills and is completly behind on all her bills, due to being in the hospital for an extended period. She filed bankruptcy less than 7 years ago.

This entry was posted on Wednesday, December 31st, 2008 at 6:56 am and is filed under Bankruptcy Law. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

3 Responses to “Can a person file Medical Bankruptcy before the 7 year. term on a regular bankruptcy is up?”

1. rec Says:
   January 1st, 2009 at 9:29 pm

   she’ll need to wait.

2. Mindy H Says:
   January 3rd, 2009 at 8:28 pm

   The answer is no. They will not and can not discharge a Bankruptcy, if there was a previous discharge within the last 7 years.

3. Lea Says:
   January 6th, 2009 at 1:03 am

   I use to be a legal medical collector at a collection agency. We use to write alot of these debts off if we could not find any assets on the customer. I don’t know her situation so I will give you a few scenarios… If she does not own property, then the collection agency cannot put a lien on her home, if she does not work or they do not know where she works then they can not garnish her wages. If she works, never tell a collector where u work. They can’t magically find out unless you or your relatives tell them. Last if they don’t know where she banks then they can’t levy her checking account. If she has ever written them a check before they have stored her banking acct information and they can get a judgement and levy her account. If this is the case all she has to do is close that acct and open a different at a different bank and tell them she does not have a checking account and she can only pay by money orders. So to summarize if a medical collection agency does not have any of the 3 assets I mentioned then she has nothing to worry about and my advise is not to file for bankruptcy again at all. Its not necessary. The next time a collector calls her have her tell them on the phone and write a signed letter that she wants them to cease all contact by letters or phone that she has no assets and if they don’t abide the collection agency will be breaking the FDCPA LAW Which protects consumers against harrassing collectors. What I mentioned above is the scenario for a person who has no assets. I know because I use to write these debts off all the time. If she has assets and this bill is huge she can quick claim her property out of her name into her kids name, change her bank and job if she has to. There are ways to get around it. Good luck!