Medical Debt and Bankruptcy: Understanding Your Options in Pennsylvania
By Bryan P. Keenan ยท April 18, 2023
Medical debt is the leading reason people file for bankruptcy in the United States. That statistic surprises some people, but not the families sitting across from me at our Pittsburgh office. They did nothing wrong. They got sick, had an accident, or needed surgery. The bills arrived, and within months they were behind on everything else too.
If medical bills are taking over your finances, bankruptcy may offer a real path forward. Pennsylvania residents have options under both Chapter 7 and Chapter 13, and which one fits depends on your income, your assets, and the size of your debt.
Why Medical Debt Spirals So Quickly
A single emergency room visit can generate bills from the hospital, the attending physician, the radiologist, the anesthesiologist, and the lab. Each provider bills separately. Insurance may cover some charges but deny others. Out-of-network providers add another layer of costs you did not expect.
Most families try to manage these bills on their own. They set up payment plans, put charges on credit cards, or borrow from retirement accounts. But when the total owed is $20,000, $50,000, or more, these strategies usually just delay the problem while making it bigger. Credit card interest alone can double the original amount.
By the time many of our clients come in, they are dealing not just with the original medical debt but also with credit card balances, collection accounts, and sometimes lawsuits filed by debt buyers who purchased their medical accounts for pennies on the dollar.
How Chapter 7 Bankruptcy Handles Medical Debt
Medical debt is classified as unsecured debt under bankruptcy law. This puts it in the same category as credit card balances, personal loans, and utility bills. In a Chapter 7 bankruptcy, unsecured debts are typically discharged completely. You owe nothing on them after the case is finished.
For people whose income falls below the Pennsylvania median (which is determined by household size), Chapter 7 is often available through the means test. The process takes roughly three to four months from filing to discharge. During that time, an automatic stay stops all collection activity, including phone calls, letters, and any pending lawsuits.
Pennsylvania's exemption laws allow you to protect a significant amount of property, including your home equity, retirement accounts, and personal belongings. Most of our clients who file Chapter 7 keep everything they own.
When Chapter 13 Makes More Sense
Not everyone qualifies for Chapter 7. If your household income is above the median threshold, or if you have assets you want to protect that exceed exemption limits, Chapter 13 bankruptcy may be the better fit.
Chapter 13 works through a repayment plan that lasts three to five years. You make monthly payments based on your disposable income, and your unsecured debts, including medical bills, receive whatever is left after priority and secured debts are paid. In many cases, the medical creditors receive only a fraction of what you owed. At the end of the plan, the remaining balances are discharged.
Chapter 13 also has advantages if you are behind on your mortgage or car payments. The plan can spread out missed payments over its duration, letting you catch up while keeping your home or vehicle.
What Happens to Medical Debt Already in Collections
Many people worry that medical debt which has been sold to a collection agency is somehow harder to discharge. It is not. Whether you owe the original hospital or a third-party debt collector, the debt is still unsecured and still fully dischargeable in bankruptcy.
If a collection agency has filed a lawsuit against you or obtained a judgment, bankruptcy can still help. The automatic stay halts the lawsuit, and the underlying debt gets discharged with everything else. If there is a wage garnishment in place, it stops too. You can learn more about how we handle medical debt cases on our practice area page.
Steps to Take Before You Decide
Before choosing bankruptcy, it is worth checking a few things. First, review your medical bills carefully. Billing errors are common, and some charges may be reduced through negotiation or financial assistance programs offered by hospitals. Second, check the statute of limitations on your debts. In Pennsylvania, creditors generally have four years to sue on most debts.
Third, get an honest assessment of your full financial picture. Many people focus on the medical debt but overlook the credit card balances, personal loans, or tax debts that accumulated alongside it. When you look at the total amount owed relative to your income, the right course of action often becomes clear.
We offer free consultations at our office specifically for this reason. Sitting down with a bankruptcy attorney costs you nothing, and you walk out knowing exactly where you stand. There is no pressure and no obligation. Many of our Pittsburgh-area clients tell us they wish they had come in sooner instead of spending months or years trying to manage bills that were never going to be manageable.
Need Help With Your Debt? Contact Bryan P. Keenan & Associates for a free consultation. Call 412-923-4941 or send us a message.