Legal Question in Credit and Debt Law in Kansas

My husband and I are being taken to court over medical bills we have struggled to pay. We can not file for chapter 13 bankruptcy because a local bankruptcy lawyer said we don't make enough income to meet the minimum payments that would be required. Most of the medical bills are for my husband who had 3 heart attacks in about 2 years. We did not have any insurance at that time, now we do. We were told to take his name off our joint checking account to they could not come after my income. He is a self employed artist and I am a registered nurse. I would like to know if this is the only thing we can do for protection or if you have any other suggestions. We are happy to make payments, however, we just can not afford to pay the minimum payments they want. We have a couple of years before we are able to file a chapter 7. Please, if you have any suggestions, they would be greatly appreciated. Thank you for you help.


Asked on 2/01/10, 6:45 am

1 Answer from Attorneys
Anthony Smith LawSmith

Try to see what kind of payment arrangements the creditor will accept. If they have an attorney handling theri case, they may be more likely to accept apayemnt arrangment, than they were before they retained counsel. Your husband (and maybe you ) may have to sing aconsent judgment to get them to agree to accept payments. They woprk where the attorney has an agreed judgmetn signe dby your husband (and maybe you) that they can enter with the court if you fail to make your agreed payments.

Good luck

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Answered on 2/06/10, 8:05 am


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