Must I appear in court if I was served papers for a medical bill?

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Must I appear in court if I was served papers for a medical bill?

I am in the process of filing bankruptcy. All my debt is medical. Will it make a difference if I appear or not or will a judgement be the end result regardless?

Asked on April 29, 2012 under Bankruptcy Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are in the process of filing for bankruptcy protection, you are not required to appear in court concerning the summons and complaint served upon you with respect to the medical bill if you file for bankruptcy protection before the answer is due. If that happens, there is an automatic stay as to all creditor claims against you under 11 U.S.C. section 362.

Your bankruptcy filing would halt all proceedings against you by creditors. I suggest that you file for such protection before a judgment is entered against you in that in some circumstances a judgment for an intentional tort against a judgment debtor will not be able to be discharged in a bankruptcy.

 


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