*101(8)*
A consumer debt is a debt you incur for your personal family needs, living
expense and so forth. Focus on the reason you incurred the debt in the
first place.
707(b)(1)
The Bankruptcy Code as interpreted states if you dont have primarily (more
than 50%) consumer debts, the means test simply does not apply to you.
On Thu, Apr 11, 2013 at 12:06 PM, dbcommons wrote:
> **
>
>
> PC had appendicitis about 4 hours after his medical insurance expired (he
> thought he had new insurance but they found a way of denying it--does not
> appear to be a claim there). Apendectomy was severely complicated by
> in-hospital infection and PC ended up in hospital for 7 days. Don't know
> total cost but expecting $100-200k in charges. PC's income is above median
> and he probably exceeds Ch13 debt limits (including a very large parent
> plus student loan).
>
> I have researched under just about every topic I can think of and have
> found nothing on point. Are non-elective medical costs incurred for a
> personal purpose? If, once he checked into the emergency room, all the
> major decisions were made by the docs, was he even involved in the process
> of "incurring" the resulting debt?
>
> Interesting set of facts; I would value any input from this learned group.
>
> David Commons
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
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101(8)A consumer debt is a debt you incur for your personal family needs,
living expense and so forth. Focus on the reason you incurred the debt
in the first place.
707(b)(1)The Bankruptcy Code as interpreted states if you dont have
primarily (more than 50%) consumer debts, the means test simply does not
apply to you. On Thu, Apr 11, 2013 at 12:06 PM, dbcommons <
david@commonsnet.com> wrote:
PC had appendicitis about 4 hours after his medical insurance expired (he thought he had new insurance but they found a way of denying it--does not appear to be a claim there). Apendectomy was severely complicated by in-hospital infection and PC ended up in hospital for 7 days. Don't know total cost but expecting $100-200k in charges. PC's income is above median and he probably exceeds Ch13 debt limits (including a very large parent plus student loan).
I have researched under just about every topic I can think of and have found nothing on point. Are non-elective medical costs incurred for a personal purpose? If, once he checked into the emergency room, all the major decisions were made by the docs, was he even involved in the process of "incurring" the resulting debt?
Interesting set of facts; I would value any input from this learned group.
David Commons
-- Christine A. Wilton, Esq.Law Office of Christine A. WiltonOur New Office Location:12650 Hoover StreetGarden Grove, CA 92841Mailing:
4067 Hardwick Street, Suite 335Lakewood, CA 90712Office: 877-631-2220Cell: 562-824-7563Fax: 1-636-212-7078Email:
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