Past due medical insurance premiums - executory contract? Any
Posted: Mon Sep 28, 2015 5:00 pm
Debtor was off work for over a year due to a stroke. During that time
Debtor was on disability payments and did not pay health insurance premiums
but insurance company paid for his medical care during that time. Debtor
went back to work recently. Employer is now withholding double for
insurance premiums since during the time Debtor was off work, Debtor was
not making the insurance premiums.
[I am trying to find out whether debtor owes the insco or if he owes the
employer for fronting the premiums.]
Assuming he owes the Insco, is the insurance agreement an executory contact
that Debtor needs to assume in order to keep, and to do so must he pay the
past due premiums?
If not, can Debtor just discharge the past due premiums and still be
insured going forward if he makes the ongoing premiums? Does Insco have
the right to cancel his insurance?
If Debtor owes his employer, how is this going to affect him if he
discharges these sums owed to employer? Practically speaking, are they
likely to retaliate? He works for a large grocery company.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
Debtor was off work for over a year due to a stroke. During that time Debtor was on disability payments and did not pay health insurance premiums but insurance company paid for his medical care during that time. Debtor went back to work recently. Employer is now withholding double for insurance premiums since during the time Debtor was off work, Debtor was not making the insurance premiums.[I am trying to find out whether debtor owes the insco or if he owes the employer for fronting the premiums.]Assuming he owes the Insco, is the insurance agreement an executory contact that Debtor needs to assume in order to keep, and to do so must he pay the past due premiums?If not, can Debtor just discharge the past due premiums and still be insured going forward if he makes the ongoing premiums? Does Insco have the right to cancel his insurance?If Debtor owes his employer, how is this going to affect him if he discharges these sums owed to employer? Practically speaking, are they likely to retaliate? He works for a large grocery company.Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601
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