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  • Medical bankruptcy

    I am a single 57 year old man. I am receiving only SS Disability due to
    a hearing loss. I live in Florida. In Nov, '05, I had emergency heart
    surgery. I now have huge medical bills, many of which have been turned
    over to collection agencies.
    I live in a condo that is owned by my brother and me. My brother lives
    in California. There is a mortgage on it, which I pay. My car is a 98
    Honda Civic 2dr EX, that is paid for.
    I'm very concerned about keeping the car. If I file bankruptcy, is it
    likely the bankruptcy trustee would take my car? If I don't file
    bankruptcy, is it likely one of the collection agencies would take me to
    court and try to get the car?
    With out the car, I am sunk!


  • #2
    Medical bankruptcy

    On Sat, 1 Apr 2006 10:22:44 -0500, [email protected] <[email protected]> wrote:
    : I am a single 57 year old man. I am receiving only SS Disability due to
    : a hearing loss. I live in Florida. In Nov, '05, I had emergency heart
    : surgery. I now have huge medical bills, many of which have been turned
    : over to collection agencies.
    : I live in a condo that is owned by my brother and me. My brother lives
    : in California. There is a mortgage on it, which I pay. My car is a 98
    : Honda Civic 2dr EX, that is paid for.
    : I'm very concerned about keeping the car. If I file bankruptcy, is it

    Our Florida exemptions are shockingly small as they apply to
    non-homestead assets (or don't apply, as is more often the case).
    Your vehicle might very well become an issue. I'd recommend
    discussing your situation with bankruptcy counsel.

    Comment


    • #3
      Medical bankruptcy


      <[email protected]> wrote in message
      news:[email protected]
      I am a single 57 year old man. I am receiving only SS Disability due to a hearing loss. I live in Florida. In Nov, '05, I had emergency heart surgery. I now have huge medical bills, many of which have been turned over to collection agencies. I live in a condo that is owned by my brother and me. My brother lives in California. There is a mortgage on it, which I pay. My car is a 98 Honda Civic 2dr EX, that is paid for. I'm very concerned about keeping the car. If I file bankruptcy, is it likely the bankruptcy trustee would take my car? If I don't file bankruptcy, is it likely one of the collection agencies would take me to court and try to get the car? With out the car, I am sunk!
      You could sell your car to your brother for $1, love and affection thing,
      and still use it.


      Comment


      • #4
        Medical bankruptcy


        <[email protected]> wrote in message
        news:[email protected]
        I am a single 57 year old man. I am receiving only SS Disability due to a hearing loss. I live in Florida. In Nov, '05, I had emergency heart surgery. I now have huge medical bills, many of which have been turned over to collection agencies. I live in a condo that is owned by my brother and me. My brother lives in California. There is a mortgage on it, which I pay. My car is a 98 Honda Civic 2dr EX, that is paid for. I'm very concerned about keeping the car. If I file bankruptcy, is it likely the bankruptcy trustee would take my car? If I don't file bankruptcy, is it likely one of the collection agencies would take me to court and try to get the car? With out the car, I am sunk!
        You can transfer all you assets to your brother and not pay the medical
        bill.


        Comment


        • #5
          Medical bankruptcy

          If I transfered title of the car ( sold the car to my brother for $1)
          and I was summoned to appear in court by any of my medical creditors,
          wouldn't they be wise to it, and cause more problems?

          Comment


          • #6
            Medical bankruptcy

            "Johnny" <[email protected]> wrote in message
            news:[email protected]
            <[email protected]> wrote in message news:[email protected]
            I am a single 57 year old man. I am receiving only SS Disability due to a hearing loss. I live in Florida. In Nov, '05, I had emergency heart surgery. I now have huge medical bills, many of which have been turned over to collection agencies. I live in a condo that is owned by my brother and me. My brother lives in California. There is a mortgage on it, which I pay. My car is a 98 Honda Civic 2dr EX, that is paid for. I'm very concerned about keeping the car. If I file bankruptcy, is it likely the bankruptcy trustee would take my car? If I don't file bankruptcy, is it likely one of the collection agencies would take me to court and try to get the car? With out the car, I am sunk!
            You could sell your car to your brother for $1, love and affection thing, and still use it.
            Transferring property with the actual intent to hinder, delay or defraud a
            creditor, or for less than fair market value at time when the debtor is
            insolvent, exposes the debtor to allegations of fraud and the transferee to
            the loss of the property. It's definitely not something a debtor wants to
            consider on the eve of filing bankruptcy.

            Mr. Goldstein's post gave the right answer. The op should consult local
            counsel. It still may be possible to do some "estate planning" prior to
            filing a bankruptcy case, but my recollection is that the Bankruptcy Abuse
            Prevention Consumer Protection Act of 2005 may have put new restrictions on
            that kind of thing.


            Comment


            • #7
              Medical bankruptcy

              True, once I file for bankruptcy, my creditors can't touch my personal
              things, but the "bankruptcy trustee" can take my car and sell it, and
              distribute the proceeds to my creditors...........true?

              BTW, its my understanding that in Florida, only $1000 of the value of a
              car is exempt in chapter 7.

              Comment


              • #8
                Medical bankruptcy

                Once you file they cannot touch any of your personal things. The car
                included.
                Good luck!

                On Sat, 1 Apr 2006 10:22:44 -0500, [email protected] wrote:
                I am a single 57 year old man. I am receiving only SS Disability due toa hearing loss. I live in Florida. In Nov, '05, I had emergency heartsurgery. I now have huge medical bills, many of which have been turnedover to collection agencies.I live in a condo that is owned by my brother and me. My brother livesin California. There is a mortgage on it, which I pay. My car is a 98Honda Civic 2dr EX, that is paid for.I'm very concerned about keeping the car. If I file bankruptcy, is itlikely the bankruptcy trustee would take my car? If I don't filebankruptcy, is it likely one of the collection agencies would take me tocourt and try to get the car?With out the car, I am sunk!

                Comment


                • #9
                  Medical bankruptcy

                  Even before I had my heart problem, shouldn't the fact that.........

                  I have no job.
                  I am considered disabled (profound hearing loss).
                  My only income is social security disability income.
                  I live alone, and have no one else to help me get around.
                  I need my car for going into a "Ticket To Work" program under social
                  security.

                  ........go in my favor as to me keeping my car?

                  Comment


                  • #10
                    Medical bankruptcy


                    "JoblessDave" <[email protected]> wrote in message
                    news:[email protected]
                    "Johnny" <[email protected]> wrote in message news:[email protected]
                    <[email protected]> wrote in message news:[email protected]
                    I am a single 57 year old man. I am receiving only SS Disability due to a hearing loss. I live in Florida. In Nov, '05, I had emergency heart surgery. I now have huge medical bills, many of which have been turned over to collection agencies. I live in a condo that is owned by my brother and me. My brother lives in California. There is a mortgage on it, which I pay. My car is a 98 Honda Civic 2dr EX, that is paid for. I'm very concerned about keeping the car. If I file bankruptcy, is it likely the bankruptcy trustee would take my car? If I don't file bankruptcy, is it likely one of the collection agencies would take me to court and try to get the car? With out the car, I am sunk!
                    You could sell your car to your brother for $1, love and affection thing, and still use it.
                    Transferring property with the actual intent to hinder, delay or defraud a creditor,
                    N/A.
                    or for less than fair market value at time when the debtor is insolvent,
                    The man is not a debtor in this case.
                    exposes the debtor to allegations of fraud and the transferee to the loss of the property.
                    Only false accusers would resort to such a law to try to coerce money from
                    people who are overcharged.
                    It's definitely not something a debtor wants to consider on the eve of filing bankruptcy.
                    The man in this case owes them nothing from what he has written.
                    Mr. Goldstein's post gave the right answer. The op should consult local counsel.
                    That is wicked counsel designed to profit the governmentally licensed
                    attorneys and collection crapheads and the AMA. This is a health care
                    matter.
                    It isn't a creditor/debtor matter.
                    It still may be possible to do some "estate planning" prior to filing a bankruptcy case, but my recollection is that the Bankruptcy Abuse Prevention Consumer Protection Act of 2005 may have put new restrictions on that kind of thing.
                    Which means more persons will stop paying.
                    The tighter the screws the more people will not be under them.
                    The people will lock away this evil dragon of usury and be free from the
                    evil, greedy usurious predatorial dominance upon the weak members of our
                    society in the USA very soon if I can do anything to end it.


                    Comment


                    • #11
                      Medical bankruptcy


                      <[email protected]> wrote in message
                      news:2[email protected]
                      If I transfered title of the car ( sold the car to my brother for $1) and I was summoned to appear in court by any of my medical creditors, wouldn't they be wise to it, and cause more problems?
                      It would cost them more money if you did that.
                      Your bro is in Cali.
                      It would screw their collection game.
                      I do not like collection agencies who did no labor at all getting a part of
                      the fees.
                      You could tell them if they call that they did nothing to help you so they
                      deserve nothing from you; and, that the hospital should reduce your bill by
                      any percentage they would pay the collection agency.
                      Fair is fair.
                      They are wolves.


                      Comment


                      • #12
                        Medical bankruptcy


                        <[email protected]> wrote in message
                        news:[email protected]
                        Even before I had my heart problem, shouldn't the fact that......... I have no job. I am considered disabled (profound hearing loss). My only income is social security disability income. I live alone, and have no one else to help me get around. I need my car for going into a "Ticket To Work" program under social security. .......go in my favor as to me keeping my car?
                        In a state where they pulled the plug on Terri Schiavo?
                        Who knows?
                        One tactic that works well is to badger them about their abortion histories
                        if they call you for money.
                        You owe them nothing because they loaned you nothing.


                        Comment


                        • #13
                          Medical bankruptcy

                          "Johnny" <[email protected]> wrote in message
                          news:[email protected] .
                          That is wicked counsel designed to profit the governmentally licensed attorneys and collection crapheads and the AMA. This is a health care matter.
                          I practice law for a living. Apparently, you just wish you could.

                          Plonk.


                          Comment


                          • #14
                            Medical bankruptcy

                            I really believe I got into this situation through no fault of my own.
                            Lost my job because I couldn't hear......yes, being able to hear is
                            crucial to my job. Kept my employer's group medical insurance as long
                            as possible through Cobra. When Cobra ran out, I tried to get
                            individual health insurance, but was refused because of a pre-existing
                            condition (hypertension controlled by drugs), not that I could afford it
                            anyway. Was finally approved for Social Security Disability, but
                            medicare is not available to me until June '06. So during this period
                            with out any medical insurance is when I had my heart problem. I'm
                            lucky to be alive, and I will always be thankful to the doctors for
                            saving my life, So now I have this big medical debt.

                            Now wouldn't you say there is something wrong with the medical insurance
                            system in this country?

                            Richard S.

                            Comment


                            • #15
                              Medical bankruptcy


                              "JoblessDave" <[email protected]> wrote in message
                              news:0LKXf.14892$6a1.9207[email protected]
                              "Johnny" <[email protected]> wrote in message news:[email protected] .
                              That is wicked counsel designed to profit the governmentally licensed attorneys and collection crapheads and the AMA. This is a health care matter.
                              I practice law for a living. Apparently, you just wish you could. Plonk.
                              What a joke. I do make it a practice to observe the law; i.e, the laws that
                              are just.
                              Why don't you do your job instead of representing criminals?
                              I do not wish I could practice the law.
                              I do practice it.
                              And, I know I can, legally.


                              Comment

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