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Eliminate Medical Debt in California

A medical emergency shouldn’t cost you your financial future. Medical bills are unsecured debt — which means Chapter 7 bankruptcy can wipe them out completely. Here’s how it works, and one costly mistake to avoid.

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Medical debt is one of the most common reasons people file for bankruptcy — and one of the most fully eliminated. You did nothing wrong by getting sick or injured, and Chapter 7 treats medical bills accordingly. Here’s what to know.

Are medical bills dischargeable in Chapter 7?

Yes — fully. Medical bills are unsecured debt with no special exception in the bankruptcy code, which makes them among the most dischargeable debts there are. Hospital bills, doctor and clinic bills, lab and imaging charges, ambulance fees, and the balances that go to collections are all wiped out when your Chapter 7 case is discharged.

What Chapter 7 does for medical debt

Filing erases the eligible bills and, through the automatic stay, immediately stops medical collectors from calling, suing, or garnishing your wages. Most cases finish in about three to four months, and you come out the other side without the medical debt that was holding you under.

Medical debt you put on a credit card or loan

Many people pay medical bills with a credit card or a personal loan to keep the hospital off their back. The good news: that debt is still unsecured, so it’s generally just as dischargeable as the original bill. It doesn’t matter that it now shows up as credit card debt — Chapter 7 can still erase it.

A costly mistake to avoid before you file

Before you drain a 401(k), cash out an IRA, or tap home equity to chase medical bills, talk to an attorney. In California, retirement accounts and a substantial amount of home equity are protected in bankruptcy — but money you pull out and spend is gone for good. People often sacrifice protected savings to pay debt that Chapter 7 could have erased entirely. A free consultation can stop that mistake before it happens.

Medical debt FAQ

Does Chapter 7 erase all of my medical bills?
In the vast majority of cases, yes. Medical bills are unsecured debt with no special exception, so they’re fully dischargeable.
What if my medical bills already went to collections?
It doesn’t change anything — the debt is still dischargeable, and filing stops the collection calls immediately through the automatic stay.
Can I keep my doctor after filing?
Bankruptcy discharges old bills; it doesn’t bar you from future care. Many people simply make a fresh start with their providers.
Should I use my savings to pay medical debt first?
Often no. Protected retirement savings and home equity may be exempt in bankruptcy — spending them on dischargeable debt can be a costly mistake. Get advice before you do.
Ron Chini, Esq.
Ron Chini, Esq.
Bankruptcy Attorney · CA State Bar No. 263308

Ron has practiced bankruptcy law from his Irvine office since 2009 and has helped 500+ Southern California families get a fresh start. You work directly with him — not a paralegal or a call center.

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