This is my analysis of your choices. I listed the positive and negative features of each choice next to it. File now for bankruptcy: Positive
- 1. all unsecured debt is discharged
2. immediate relief from debt Negative
- 1. EEOC case becomes as an asset of the bankruptcy estate and any recovery would go to the Trustee to pay debts, court fees and Trustee fees.
2. You will still be obligated to assist the Trustee in pursuing your EEOC case.
3. If you incur more medical bills after filing, those bills will not be discharged in the bankruptcy.Wait until Judgment: Positive
- 1. judgment may exceed unsecured debt
2. if judgment does not exceed unsecured debt you could still negotiate with the creditors to pay a lesser amount
3. if the judgment is insufficient you can still file for bankruptcy and include any medical bills that you incur between now and filing. Negative
- 1. you have to wait to have your debts discharged or eliminated.
Although both choices have positive and negative attributes, it appears from the information you gave me that waiting until your EEOC case is resolved is the better option.
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Best wishes for a successful outcome.
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