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Judgement proof

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sheilals1962

Junior Member
What is the name of your state? Florida

My boyfriend, who is only 38, was hospitalized for the three weeks and has recently been moved to a rehabilitation facility. He suffered heart damage, aspirated and went into respiratory failure. Due to the lack of oxygen to his brain, he suffered watershed infarctions, which are a type of stroke. He had only been at his new job for three weeks. We are not sure how long he will be at rehab, the doctor is predicting 6 months to one year. His mother is currently here and has been making his medical decisions, along with getting him qualified for Medicaid, SSI and Social Security Disability. Because he is coherent and can understand most things, his mother is getting ready to claim and have him sign a form granting her Florida General Durable Power of Attorney. The Rehab facility has given us a sample letter to rewrite and send to his creditors, but the sample letter was written for an 85 year old person, who claims he can be considered Judgement Proof. The only income my boyfriend will receive is going to be from SSI, Social Security Disability. I'm trying to help wherever I can and am wondering what his options may be.....should we contact a lawyer? Can he be considered judgement proof? Should we look into medical bankruptcy? The case workers continuously refer to "medical bankrupty", but I can't locate any specific information regarding it. I appreciate any help anyone may provide. Thanks!
 
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Ladynred

Senior Member
There's really no such thing as a 'medical bankruptcy'. Bankruptcy is bankruptcy, period. This notion of 'medical bankruptcy' really only means that the major debt and cause for the bankruptcy is high medical bills. Your BF probably won't be able to file because he would have to appear, in person, at the 341 meeting. He MIGHT be able to ask to appear for the 341 via interrogatories, you'd have to ask a bk lawyer.

Your BF is pretty much judgment proof, age has nothing to do with it. If he has no wages and no assets, and his only income is EXEMPT from seizure, then there's nothing a judgment creditor could take from him. Use the letter, but if it refers to age, just change it to fit.
 

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