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Ask dylatess Your Own Question
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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I lost at a WC hearing, I just received a court order from

Customer Question

I lost at a WC hearing, I just received a court order from the administrative court to pay $140,000 or post a bond within 10 days. I can't pay this or post a bond. $135,000 was for medical bills and paid by Medicaid and $5000 goes to the employee. I have been told that Medicaid will have a lien against all my assets, is a lien just like a judgment, can they take my car, garnish my wages and bank accounts? Will medicaid sue me to try and get the money paid? Is my only option bankruptcy, is a Medicaid lien discharged in bankruptcy?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dylatess replied 1 year ago.
You can file BK and Medicaid/Medicare liens are dischargeable. Otherwise, if you are sued, Medicare can lien your home, car and more. Don't wait because if your property is place with a lien, and you do not file BK for 90 days after the lien is filed, filing BK will not remove the lien.
Customer: replied 1 year ago.
Do the standard judgment and bankruptcy exemptions apply to liens as well? I don't own a house or any assets that are over the exemption amounts under 13-54-102. Property exempt
Expert:  dylatess replied 1 year ago.
Yes they apply. But as I said, if you let a lien be filed, and wait more than 90 days before you file a BK, the lien supersedes the BK and the exemptions would not be applicable.
Customer: replied 1 year ago.
now I am confused, if I do not file bankruptcy then the judgment exemptions are taken away after 90 days? This seems like a contradiction, if a District court judgment then I could keep the judgment exemptions but with a lien I can't?