Madison, CA Bankruptcy Law Firms & Lawyers

There are many considerations. For instance, there are 2 economic thresholds to file Ch. 7 bankruptcy: 1. means test, & 2. current & projected budget & income. If you make more than median income, you must undergo a means test. And your current & projected budget must totally consume your income; if you have much at all left over you do not qualify for chapter 7. Even if you qualify, you need to be certain you are not putting any assets at risk in your case. To that end, I would need to determine which bankruptcy exemption scheme(s) can be utilized.

When you filed chapter 7 bankruptcy you received a discharge of the mortgage loans. If you give up the property you will not have any personal liability on the loans.

Your question is somewhat confusing. If you filed a complaint against a doctor and hospital for medical malpractice and that case had not been tried when the doctor filed for bankruptcy, you have two options. You can file a motion for relief from the automatic bankruptcy stay to allow the case to go forward. Alternatively, you can ask the trial court to allow you to proceed to trial against the hospital. If the case has already gone to trial and you won, the proper course of action is to file an adversary complaint in the doctor's bankruptcy and ask the court to deem your judgment non-dischargeable. In any event, you need to contact a bankruptcy attorney immediately and get their advice.