Discharge on medical bills

Not listing the debt is not an option – the schedules have to be truthful. Listing it doesn’t answer the question about dischargability. The creditor is unlikely to file an adversary procedure over this amount of money. They would have to prove fraud, which is difficult to do with medical expenses, generally not a discretionary expense. Deliberately delaying the filing because of upcoming medical expenses might be fraud, but a lot of attorneys have done that without problems. But we don’t even know the exact amount that will become due since the client has not received the bill yet. Another thing is I think she will need continued treatment from the medical provider. A private physician can refuse future services. Most Hospitals either can not, or will not. Some of my clients list a debt to their dr., and then make voluntary payments (without reaffirming). I tell them to tell the dr. that their Oklahoma bankruptcy attorney made them list it.

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