Legal Question in Bankruptcy in California

Debts

I have been diagonized with congestive heart failure, have had 3 heart attacks, I have used my credit cards to pay for most of the medical bills, I would like to know if I write the creators to see if they will reduce the amount I owe because of my health condition and unable to work, or is it better to file a bankrupcy and only file for my self and not my wife. Thanks for your assistance. Bob


Asked on 12/02/03, 10:48 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Debts

Hi Bob,

from the facts given so far, we certainly empathize first and foremost with your health condition. we hope you are truly ok now. secondly, from a legal standpoint, bankruptcy is probably the very last option you may want to consider when dealing with overburdened credit card debt. there are many far superior options to bankruptcy when it comes to this area of the law. if you would like more information on more advantageous options here legally, feel free to email us directly with your contact information and we will assist you any way we can. thank you for your inquirey submission.

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Answered on 12/02/03, 11:10 pm
Stan Johnson Cohen, Johnson, Day, Jones & Royal

Re: Debts

Bob, my experiance is that it is very hard to get all the creditors to agree to a plan to lower the rates or payments. There is always someone who will not go along. Even if they all agree to some reduction or plan for a period of time they are not bound by that and can stop at any time and go back to the higher payments or rates. You can file BK and leave your wife out. That maybe your best option. Call if you would like to come in and discuss it in more detail. Thanks

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Answered on 12/03/03, 12:59 am

Credit card Debts used to Obtain Medical Treatment

They say if you ask 3 lawyers the same question, you will get 3different opinions & that is certainly true here. To fully answer your question, I would want more details than you can give us on lawguru. I worry that if you file bankruptcy now, you will be stuck with huge medical debts afterwards, since you can't file bankruptcy on new debts. So unless you are being sued and are in actual jeopardy of having your wages garnished, I would put off filing for now, unless your heath issues are completely resolved. Whether you should try debt negotiation to reduce the amount of your credit card debt is a judgment call that would have to be based on an analysis of your total debt compared to your income. Hope this helps!

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Answered on 12/03/03, 12:00 pm


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