Medical Debt and Bankruptcy: Chapter 7 vs. Chapter 13 Relief

Yes — filing for bankruptcy on medical debt can permanently erase what you owe. Medical bills are treated as general unsecured debt, the same category as credit card balances, and federal law gives them no special protection. Chapter 7 can wipe out unlimited medical debt in roughly four months. Chapter 13 lets you pay what your budget allows over three to five years and discharges whatever’s left.

Why Medical Debt Discharges So Cleanly

The bankruptcy code lists specific debts that survive a case: most student loans, child support, alimony, recent tax obligations, and debts arising from fraud or intentional harm.1Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge Medical debt isn’t on that list. It gets wiped out with your other unsecured obligations when the case closes.

Chapter 7 imposes no dollar cap on how much medical debt it can eliminate. Whether your bills total $5,000 or $500,000, the full amount is eligible for discharge. Chapter 13 does have an overall debt ceiling: total unsecured debts must be under $526,700 and secured debts under $1,580,125 to file.2United States Courts. Chapter 13 – Bankruptcy Basics For most people whose debt problem is medical, those limits aren’t close to in play.

One practical warning: list every medical creditor you can identify on your schedules, including any you’re unsure about. If you leave a creditor off and your case has assets to distribute, that debt can survive the bankruptcy. In no-asset cases most courts still treat an accidentally omitted debt as discharged, but that leniency isn’t universal, and amending your paperwork the moment you discover an omission is far cheaper than litigating it later.

Chapter 7 or Chapter 13: Which Route Fits

Both chapters eliminate medical debt. The difference is in how you get there.

Chapter 7: Fast and Common

A court-appointed trustee reviews your assets, sells anything that isn’t protected by exemptions, and distributes the proceeds. In practice, most Chapter 7 cases are “no-asset” cases, meaning everything you own falls within exempt amounts and you keep it. The process typically takes three to four months from filing to discharge.3United States Courts. Chapter 7 – Bankruptcy Basics

The eligibility hurdle is the means test. If your income is too high for your state, you can’t use Chapter 7.

Chapter 13: Repayment Plan

Chapter 13 doesn’t require surrendering any property. You propose a repayment plan lasting three to five years and make monthly payments based on your disposable income. Priority debts like taxes and secured debts like your mortgage are paid first; medical debt sits at the bottom of the hierarchy with other unsecured claims.2United States Courts. Chapter 13 – Bankruptcy Basics

Your plan doesn’t have to pay unsecured creditors in full. It just has to commit all projected disposable income and give unsecured creditors at least what they would have received in a Chapter 7 liquidation. Whatever medical balance remains at the end is discharged. If your income is below your state’s median, the plan runs three years. Above the median, it runs five.

Chapter 13 tends to fit people who earn too much for Chapter 7, or who need to protect assets like a home with significant equity that exemptions wouldn’t cover.

The Means Test and the Role of Medical Expenses

Chapter 7 eligibility runs through the means test under 11 U.S.C. § 707(b).4Office of the Law Revision Counsel. 11 USC 707 – Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13 The test compares your average monthly income over the six months before filing against the median for a household of your size in your state. Below the median, you pass.5U.S. Department of Justice. Means Testing

Thresholds vary significantly. For cases filed on or after April 1, 2026, a single earner qualifies with income below $64,321 in Alabama and $79,253 in California. A four-person household in Texas has a median of $117,962. For households larger than four, add $11,100 per additional person.6U.S. Department of Justice. Census Bureau Median Family Income By Family Size

If your income is over the median, the calculation isn’t finished. Specific expenses come off the top, and medical costs are among the most useful categories. Health insurance premiums, prescription costs, out-of-pocket treatment expenses, and ongoing therapy fees all reduce your calculated disposable income. For someone whose income looks high on paper but whose medical bills consume much of it, those deductions can bring the result under the threshold and open Chapter 7 back up. When disposable income still shows a surplus after deductions, the case may be presumed abusive, and the court will steer you toward Chapter 13.

What You Get to Keep

The fear that bankruptcy strips you of everything is the most common reason people avoid it, and it’s largely unfounded. Exemption laws shield substantial property from the trustee. The federal exemption amounts, most recently adjusted in April 2025, include:7Office of the Law Revision Counsel. 11 USC 522 – Exemptions

  • Up to $31,575 in equity in your primary residence
  • Up to $5,025 in one motor vehicle
  • Up to $800 per individual household item, capped at $16,850 total for furniture, appliances, clothing, and similar property
  • Up to $2,125 in personal jewelry
  • Up to $3,175 in tools, books, and equipment used for work
  • A wildcard of $1,675 in any property, plus up to $15,800 of unused homestead exemption — so a renter can protect up to $17,475 in assets of their choosing

Not every state lets you use the federal set. Roughly half require filers to use state-specific exemptions, which can be more or less generous. Several states offer significantly higher homestead protections, and a few place no dollar limit on home equity at all. Check your state’s rules before filing — the exemption set available to you can change what stays and what doesn’t.

The Automatic Stay: Collections Stop the Day You File

The moment your petition hits the court, a federal injunction called the automatic stay takes effect under 11 U.S.C. § 362.8Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay Every medical creditor and collection agency must stop phone calls, demand letters, billing statements, and lawsuits. Wage garnishments already in motion halt too.

Creditors who violate the stay face court sanctions and potential liability for damages, including attorney fees. For most filers, this is the most tangible immediate benefit: the harassment stops the same day.

One caveat applies if you filed a previous bankruptcy that was dismissed within the past year. In that situation, the automatic stay in your new case may last only 30 days unless the court extends it.

Costs, Required Courses, and Timeline

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13.9Office of the Law Revision Counsel. 28 USC 1930 – Bankruptcy Fees If you genuinely can’t afford the Chapter 7 fee, you can apply for a complete waiver using Official Form 103B, which requires detailed disclosure of your income, expenses, and assets.10United States Courts. Application to Have the Chapter 7 Filing Fee Waived – Official Form 103B Chapter 13 doesn’t offer a fee waiver, but the fee can be folded into your repayment plan.

Most bankruptcy attorneys charge between $1,000 and $3,000 for a straightforward medical debt case, varying by complexity and location.

Federal law requires two financial education courses. The first is credit counseling from an approved provider, completed within 180 days before filing.11United States Courts. Credit Counseling and Debtor Education Courses The second is a debtor education course taken after filing. Both typically run $15 to $100, each takes about an hour online, and they can’t be combined. The court cannot issue a discharge until you finish the second one.

After filing, a trustee is appointed and schedules the Meeting of Creditors, usually 21 to 40 days out. You answer questions under oath about your assets and schedules. Medical creditors rarely appear, and the meeting itself typically lasts under 10 minutes. A Chapter 7 discharge order generally arrives 60 to 90 days after that meeting — roughly four months from filing to finish. A Chapter 13 discharge comes only after the full three-to-five-year plan is completed.

What Bankruptcy Does to Your Credit

A bankruptcy filing damages your credit score significantly in the short term. Chapter 7 stays on your credit report for 10 years from the filing date; Chapter 13 remains for seven. Both periods start when you file, not when the case closes.

That cost has to be weighed against what unpaid medical collections are already doing to your credit. Starting in 2022, the three major credit bureaus voluntarily changed how they handle medical debt:12TransUnion. Equifax, Experian, and TransUnion Support U.S. Consumers With Changes to Medical Collection Debt Reporting

  • Paid medical collections are no longer reported at all
  • Unpaid medical collections don’t appear until they’re at least one year past due
  • Medical collection debt under $500 is excluded entirely

For balances above $500 that are more than a year old, collections will show on your report and depress your score as long as they sit there unresolved. Discharging the debt in bankruptcy replaces that ongoing drag with a one-time bankruptcy notation. Worse initially, but it marks a clean starting point for rebuilding, rather than years of unresolved collection accounts.

One tax point worth knowing: forgiven debt normally counts as taxable income, but Section 108 of the Internal Revenue Code excludes debt discharged in bankruptcy from your gross income.13Office of the Law Revision Counsel. 26 USC 108 – Income From Discharge of Indebtedness You won’t owe income tax on the medical balances erased.

Options to Try Before Filing

Bankruptcy works, but it carries lasting consequences. A few options can resolve medical debt without a court proceeding.

Hospital financial assistance. Federal law requires every nonprofit hospital — any facility with 501(c)(3) tax-exempt status — to maintain and widely publicize a written financial assistance policy.14Internal Revenue Service. Requirements for 501(c)(3) Hospitals Under the Affordable Care Act – Section 501(r) Many programs reduce bills by 50% to 100% for patients below set income thresholds. You can apply after receiving the bill, and some hospitals retroactively apply assistance to accounts already in collections. The billing department has to tell you about the program if you ask.

Direct negotiation and payment plans. Medical providers and collection agencies regularly accept less than the full balance, especially for lump-sum payments. Debt collectors who bought the account from the original provider often paid a fraction of face value and have room to settle. Most hospitals and physicians’ offices also offer interest-free payment plans that keep the account out of collections.

Statute of limitations. Every state sets a deadline, typically three to six years, after which a creditor can no longer sue to collect a medical debt. The clock generally starts when the account becomes delinquent. Once it expires, collectors can still contact you, but they can’t take you to court. Be careful though: in some states, making a payment or acknowledging the debt in writing restarts the clock.