Automatic Stay and Medical Debt

Immediate Protection

Immediate Protection

The automatic stay under 11 U.S.C. 362 immediately stops: collection calls, pending lawsuits, wage garnishment, and bank levies. Automatic -- no court order needed.

Stopping Lawsuits

If a hospital has sued you, filing bankruptcy freezes the case. In Chapter 7, the debt is discharged within 4 months and the lawsuit dismissed.

Collection Agencies

Medical debts sold to collection agencies are covered by the stay. Notify them of your filing. Continued collection is a violation with sanctions.

Frequently Asked Questions

Will the hospital stop billing me?

They must. Send your case number and filing date if bills continue. Stay violations result in monetary sanctions.

Can a hospital refuse treatment?

No. Hospitals cannot discriminate based on bankruptcy (11 U.S.C. 525). Emergency departments must treat under EMTALA.

What about medical debt on credit reports?

The 2023 changes eliminated most medical collections from reports. Under $500 is no longer reported. Paid collections are removed.

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About This Data: Content based on federal bankruptcy law (Title 11, U.S. Code) and the Fair Debt Collection Practices Act. This is educational content, not legal advice.