If you file Chapter 7 in Louisiana, you may expect relief from medical debt you already owe. But what happens if you need more treatment after filing? Whether a bill is covered generally depends on when you received the medical care, not simply when the bill arrives.
Why the date of your medical care matters
Your Chapter 7 case begins when you file your bankruptcy petition with the court. A discharge generally releases you from responsibility for certain debts from before you filed, although some debts are not covered.
A bill that arrives later may still relate to charges from before your case began. For example, if you received treatment before your case began but the hospital sends the bill weeks later, those charges are not automatically considered new.
What happens to medical debt from care after filing?
Debt from care you receive after your case begins generally is not included in your Chapter 7 discharge, even if you receive the care before the court grants your discharge. The automatic stay, which temporarily stops many collection efforts, generally applies to debts from before you filed, not charges for later medical care. As a result, a medical provider can generally continue billing you for new treatment, and you remain responsible for those charges.
What should you check when a new bill arrives?
If you receive one during or after your case, you can:
- Compare the date of treatment with your bankruptcy filing date
- Review detailed medical bills for the services and dates listed
- Keep insurance statements and other billing records
These records can help show whether the medical care happened before or after you filed if there is a question about whether your discharge may cover the debt.
When the timing of a medical bill is unclear
Receiving a medical bill after filing does not necessarily mean you have new debt. The treatment date, filing date and services listed on the bill can help determine whether the debt arose before or after your Chapter 7 case began.
If those dates are unclear or a medical provider is trying to collect charges for earlier treatment, a bankruptcy attorney can review the billing records and your filing date and explain how the debt may be treated in your case.