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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33798
Experience:  Attorney with 15 years experience in various consumer protection areas
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Not sure if I have the right lawyer...I have a problem I

Customer Question

not sure if I have the right lawyer...I have a problem I cant pay both my medical bills and personal loans what should I do I don't want to lose my house to a law suit by the hospital
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me if you have equity in your home and if so, how much?

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Have you considered filing bankruptcy to discharge the debts?

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thanks

Barrister

Customer: replied 1 year ago.
when I got sick I filed bankruptcy 5 years ago and I have 80,000 in the house. what is the worst that can happen with can they do anything else other than ruin my credit if I don't pay those bills
Customer: replied 1 year ago.
I cant lose the house
Expert:  Barrister replied 1 year ago.

Ok, if you have filed BK 5 years ago, then you wouldn't be able to do so again until 8 years has passed from the initial filing.

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As for the house, I am afraid that there is only a $37,775 exemption for equity in a person's home. So if the creditors sued and got a judgment, they could lien the house and force a sale of it if you have over that in equity. Now will they actually do so...I can't say.

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But as a general rule, hospitals are more likely to agree to enter into a reduced payment plan than other creditors as they don't want to incur the costs of litigation and a year long case to get a judgment that they might not be able to collect on. So I would suggest contacting the hospital administrator and seeing if you could work out something to reduce the amount owed or set up a payment plan you can afford.

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I would try to make all the personal loans first as they are much more likely to sue and try to enforce a judgment and are less likely to work with you on a payment plan.

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thanks

Barrister