Spouse's Medical Bills

[ByramMs]

What is the name of your state?MS

My wife and I had a child in Feb. My wife had HELLP syndrome and almost died before they did a c-section to deliver the baby. Our daughters medical bill was $77,000.00 and we got that covered by Mississippi's CHIP program. My wifes bill is $23,000.00 and she is not eligible for any help. We do not have the money to pay this debt. They have already sent this to collections and they of course want it all within 3 months. We can pay about 200.00 per month but that is it.

The only things in both our names are a home bought in Sept 03 and our bank accounts. My wife was not able to work for 6 months before the baby and is not able to work now. My question is can they come after me for my wifes medical debt? If they sue and get a judgement can she file chapter 7 to get rid of this debt? Will this affect our mortgage are bank accounts? Everything else is in my name and we can live off of what I make for as long as needed and I have good credit so not a big problem there. We have NO other problems with money other than the medical debt, which is a huge one.

Any advice is VERY appreciated?

Thanks

 

[I AM ALWAYS LIABLE]

What is the name of your state?MS

My wife and I had a child in Feb. My wife had HELLP syndrome and almost died before they did a c-section to deliver the baby. Our daughters medical bill was $77,000.00 and we got that covered by Mississippi's CHIP program. My wifes bill is $23,000.00 and she is not eligible for any help. We do not have the money to pay this debt. They have already sent this to collections and they of course want it all within 3 months. We can pay about 200.00 per month but that is it.

The only things in both our names are a home bought in Sept 03 and our bank accounts. My wife was not able to work for 6 months before the baby and is not able to work now. My question is can they come after me for my wifes medical debt? If they sue and get a judgement can she file chapter 7 to get rid of this debt? Will this affect our mortgage are bank accounts? Everything else is in my name and we can live off of what I make for as long as needed and I have good credit so not a big problem there. We have NO other problems with money other than the medical debt, which is a huge one.

Any advice is VERY appreciated?

Thanks

My response:

So, besides me and every other citizen paying for your child's birth, you now expect, or believe, that the hospital should bend to your wishes and be paid, exclusive of interest, over the next 9.5 years? Which tree in your trailer park did you fall from?

But, you can "afford" to pay $200.00 per month toward the debt. Did it ever occur to you that you should have purchased "major medical" coverage with that $200.00 / month - - or don't you believe in insurance either?

File Bankruptcy - Chapter 13.

IAAL

 

[bigun]

Depending on the equity in your home, your wife may well be able to file a chaper 7.

http://www.bankruptcyaction.com/msexemptions.htm

Post this question in the bk forum for more opinions.

 

[ByramMs]

My response:

So, besides me and every other citizen paying for your child's birth, you now expect, or believe, that the hospital should bend to your wishes and be paid, exclusive of interest, over the next 9.5 years? Which tree in your trailer park did you fall from?

But, you can "afford" to pay $200.00 per month toward the debt. Did it ever occur to you that you should have purchased "major medical" coverage with that $200.00 / month - - or don't you believe in insurance either?


File Bankruptcy - Chapter 13.

IAAL

"Major medical" insurance went from 170.00 month to 498.00 month through my employer. My wife almost died from complications of the pregnancy and was not able to work for 6 months and we lost an income of about 25,000 per year.

So in other words *******, it did occur to me to have insurance but without the other income we could not afford a 2 and a half time increase. As for the trailer park comment, couldn't tell ya' I guess that is another ignorant sterotype of the south. And if the hospital wants any money thean yes, they have to bend to my wishes.

You know, people come to this board looking for helpful answers from helpful people, not some bull**** rant from some bitter person who lives on an internet board to try an put down somone who has a serious problem and needs help. I am not trying to get out of my obligations by any means, I am only asking what my options are.

What an ignorant and bitter person you are.

 

[I AM ALWAYS LIABLE]

My response:

Obviously, you can't afford to have a child, either.

We know why you came here. You're poor.

IAAL

 

[ByramMs]

My response:

Obviously, you can't afford to have a child, either.

We know why you came here. You're poor.

IAAL

Maybe maybe not. Let's see. L.A. California. Senor Member.....Hum a mad Mexican that snuck across the border and is angry that his senorita and little one could not make it?

This is really fun, I just love personal attacks over the internet. But in all seriousness I would like answers from people who are not *******s like Miguel here. Can we stave off the creditors with a couple of hundered a month until my wife can get back to work or if it comes to it and they sue, would they be able to go after me as well?

Oh yeah, Jose, I guess with the "poor" comment you expect a diatribe about what I make or what I have. Sorry, go back to your tortillas and corn.

 

[I AM ALWAYS LIABLE]

My response:

Go belly up, will ya?

Let the rest of this country pay your way in life!

Freakin' Deadbeat.

IAAL

 

[AttorneyOney]

Reply to original poster

Whether you are liable for your wife's medical bills is a question of state law. Medical care is a "necessary" expense, and a MS lawyer would probably say that you are.

Bankruptcy might be an option for you. Given that you can afford to pay $200 a month, you would probably be looking at a ch. 13 filing. In ch. 13, you file a plan whereby you (1) continue to pay some secured debt according to its original terms [this is how you keep your house], (2) pay all priority claims [mostly taxes], and (3) pay some fraction of your unsecured debt. All of your "disposable income" goes to fund the plan for 3-5 years. At the end, you get a discharge. In this way, you could pay some or all of your medical bills over time.

Your next step ought to be a legal aid or lawyer referral service (use google to find one). You should be able to find a lawyer who will at least give you an initial consultation for little or no cost. Sometimes, a credible threat of bankruptcy, accompanied by a petition that's ready to file, is just the impetus a creditor needs to agree to a payment plan. In the end, therefore, you might not need to play the bankruptcy card just yet.

Good luck!

 

[ByramMs]

Whether you are liable for your wife's medical bills is a question of state law. Medical care is a "necessary" expense, and a MS lawyer would probably say that you are.

Bankruptcy might be an option for you. Given that you can afford to pay $200 a month, you would probably be looking at a ch. 13 filing. In ch. 13, you file a plan whereby you (1) continue to pay some secured debt according to its original terms [this is how you keep your house], (2) pay all priority claims [mostly taxes], and (3) pay some fraction of your unsecured debt. All of your "disposable income" goes to fund the plan for 3-5 years. At the end, you get a discharge. In this way, you could pay some or all of your medical bills over time.

Your next step ought to be a legal aid or lawyer referral service (use google to find one). You should be able to find a lawyer who will at least give you an initial consultation for little or no cost. Sometimes, a credible threat of bankruptcy, accompanied by a petition that's ready to file, is just the impetus a creditor needs to agree to a payment plan. In the end, therefore, you might not need to play the bankruptcy card just yet.

Good luck!

Thank You. I of course would rather not file for BK. I will read up on the chapter 13.

Thanks