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Does Filing Bankruptcy Wipe Out Medical Debt in Nevada?

Yes. In a Chapter 7 case, medical debt is discharged like any other unsecured bill, and in most consumer cases you pay nothing toward it. The Bankruptcy Code lists roughly twenty categories of debt that survive a discharge, including child support, recent taxes, and debts run up by fraud. Hospital bills are not on that list.

Medical bills have no special status, and that helps you

Many people assume a hospital bill is somehow more serious than a credit card balance. Legally it is the same thing. The emergency room charge, the anesthesiologist who billed separately, the ambulance company, the imaging center, and the collection agency that bought the account for pennies on the dollar all sit in the same bucket of general unsecured debt, and all of it is discharged together.

What you cannot do is pick and choose. Every creditor has to be listed, including the specialist you would rather keep paying. You are free to pay someone voluntarily after your case closes, but nobody can require it of you.

Nevada already shields your home from a medical bill judgment

Most Nevadans have never heard of NRS 21.095. It says that when a creditor wins a judgment against you on a medical bill, your primary dwelling, including a mobile or manufactured home, is exempt from execution on that judgment. The protection can run for your lifetime and your spouse's, and it can extend while a minor child lives in the home. It sits on top of Nevada's homestead exemption, which protects $605,000 of equity under NRS 115.010.

That is real protection, and it is narrower than it sounds. It keeps a medical creditor from forcing a sale of the house. It does not stop a bank account levy, it does not stop a wage garnishment, it does not stop interest from building on the judgment, and the judgment itself stays on the books. A discharge is what actually ends the debt.

From the trustee's side of the table, the damage is usually done before filing

Brian D. Shapiro is one of only four Chapter 7 bankruptcy trustees in the District of Nevada, which means he spends part of every week looking at what people did with their money in the year or two before they filed. Two patterns come up constantly in medical debt cases.

The first is cashing out retirement. Nevada exempts money held in individual retirement arrangements, qualified plans and similar accounts up to $1,000,000 in present value under NRS 21.090(1)(r). Creditors cannot reach it. Yet people pull $30,000 or $40,000 out of a protected account to pay hospital bills that a Chapter 7 would have erased at no cost, and they absorb the taxes and the early withdrawal penalty on top. The savings are gone and most of the debt is still there.

The second is repaying a relative who covered a surgery. A payment to a family member before filing can be treated as a preference, and the trustee can sue that relative to pull the money back into the estate. The relative is usually the last person to see it coming.

Neither of these means you should panic if you have already done it. They are reasons to ask before you move money.

Filing stops the calls and pauses the lawsuits

The automatic stay takes effect the moment a case is filed. Collection calls and letters have to stop, a pending collection lawsuit pauses, and most garnishments stop. The stay is not unlimited. It does not stop the collection of child support or alimony, and it does not halt criminal proceedings. If a collector contacts you after you file, write down the date, the time and the name of the caller, and tell your attorney.

The honest limits

Whether Chapter 7 is the right tool depends on your income, your assets and what else you owe, and that answer varies from one household to the next. A few things are worth knowing going in. If you signed paperwork giving a provider a lien on property, that lien is a separate problem from the underlying bill. Medical credit cards are unsecured and dischargeable, but large charges run up shortly before filing can be challenged. And while federal law requires hospital emergency departments that take part in Medicare to screen and stabilize an emergency regardless of your ability to pay, a private practice can decide not to keep you as a patient.

Where to start

If medical bills are the reason you are awake at two in the morning, it costs nothing to find out where you actually stand. Consultations at the Law Office of Brian D. Shapiro are free and are held by phone or video, and the firm starts Chapter 7 cases with $0 down in attorney fees. Call 702-386-8600.

Talk it through for free

Consultations are free and held by phone or video call. Chapter 7 cases start with $0 down in attorney fees; the court filing fee is paid separately.

Call 702-386-8600

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. The Law Office of Brian D. Shapiro, LLC is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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