Legal Question in Bankruptcy in Wisconsin

bankruptsy & insurance settlements

i already spent a portion of a settlement check i recieved form my insurance company to pay for a medical bill. i am now filing bankruptsy can i file on that bill


Asked on 6/17/09, 5:04 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Bankruptcy Discharge of Medical bills, Insurance Settlements

Medical bills are generally dischargeable in bankruptcy. However, sometimes health insurers or other parties who paid your bills might have their own claim against the guilty party. This effectively means that they have a "lien" right pertaining to the claim whether or not your personal obligation to pay the bill is discharged in bankruptcy. For this reason, insurers will often include the name of a medical insurer or other "subrogee" on the settlement check or otherwise assure that their bill gets paid before settling. In that scenario, a personal bankruptcy may not do much good. You are in urgent need of a consultation with an experienced bankruptcy lawyer. My comments here are not legal advice unless I am subsequently retained.

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Answered on 6/29/09, 10:13 am


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