Legal Question in Bankruptcy in California

Re-opening a case

I filed bankruptcy in Sept,2003. Then in December and January (before the discharge) I was hospitalized with no health insurance. (the same reason I had to file in the first place) I thought that because it was before the discharge that I would be ok (beezley law). The hospital is telling me I am not because it happened after the file date. I now have over $15,000 in medical bills. I am now working with a company that has insurance. But there is no way that I can pay those medical bills because I am a single mother. Is there a way I can reopen the case and include those debts in my bankruptcy?


Asked on 6/17/04, 4:00 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Re-opening a case

No, bankruptcy only covers debts that were owed prior to filing your case. You can file a new Chapter 13 now and deal with those hospital bills.

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Answered on 6/17/04, 7:25 pm
Gary Fraley California Bankruptcy Attorneys

Re: Re-opening a case

The debt is not discharged as it occurred after the date you filed your bankruptcy. You cannot "reopen" the old case and add this debt and you cannot file a new Chapter 7 bankruptcy for 6 years from the date the last case was filed. However you do have a way out. Chapter 13 can be filed which allows you to pay whatever is your "best efforts" for 3 years and wipe out whatever may be left of the debt at the end even if that is most or all of the debt. Whether that will work for you is best judged by a consultation with an attorney after you do an income and expense statement to see what you would have to pay. If you want an appointment with a certified bankruptcy specialist you can call my staff at 800-675-1005 and set a telephone appointment with me.

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Answered on 6/19/04, 5:30 pm


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