Have you ever said, “I thought that was covered by my insurance?”  Most of us have had the rude surprise of getting a medical bill we thought was going to be paid by insurance.  Most simple medical procedures are easily understood and with a few questions and perhaps a couple phone calls the patient will understand what part of the bill, if any, he will be responsible for.  When it comes to complex surgeries, however, most patients, myself included, have little or no idea what was needed or what was actually done.  Often after a hospital stay the patient will receive bills from the hospital, several physicians, various labs and potentially others.  Typically medical or dental bills need to be submitted several times to an insurance company before being paid, or worse not being paid.  The process of bill submission sounds simple but with hundreds of procedures and hundreds of insurance plans, “Medical Billing” has become a legitimate field of study and even a career option.  That’s crazy, but I digress.

During this period of submission and resubmission process, the healthcare provider typically will have been paid for a part of the work with some unpaid balance remaining due.   As time passes, the bill can go to collections where the consumer/patient’s credit is damaged.  Yes, your credit can be damaged while you wait to see if your insurance is going to pay the bill.  If that sounds unfair, it is!  According to the Consumer Financial Protection Bureau medical debt makes up 52 percent of all collections accounts on credit reports so the problem is widespread.  To reduce the risk of medical debts damaging your credit you need to review your medical bills and follow up to make sure the bills are being properly submitted to your insurance.  You should also get a copy of your credit reports using www.annualcreditreport.com to verify the accuracy of what is being reported.

At the Law Office of Michael Primus we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free in-office consultation.  We have offices in Walnut Creek, Antioch and Hercules.

Many families in Walnut Creek, Concord, Antioch and Brentwood have two incomes – good jobs – yet somehow there is just never enough money to make ends meet.  I am a father of two kids, so I know about braces, field trips and the clothes they like but then never wear.  No one item is that expensive but together it all adds up.  For many families, the trouble comes with just one additional expense.  It might be an expensive car repair, an unwanted dental emergency, a traffic ticket or a desperate call from a family member needing money.  It’s always something.  Does that sound familiar?  Frustrated and confused, people assume they must be doing something wrong.  Honest people turn to credit cards or payday loans to get through to the next month, and that’s the beginning of an ugly cycle of charging and paying.  Credit cards and payday loans quickly become another monthly bill.

Most people assume that having two good jobs means they will not qualify for bankruptcy.  These same people also want to protect their credit rating and assume chapter 7 bankruptcy will ruin it.  Both of these assumptions are incorrect in many cases.

High Income – The law considers a person’s or couple’s income to determine to what extent they qualify to have debts forgiven.  The formula is derived from IRS guidelines and is complicated.  Suffice it to say, a family of four with a six figure income (over $100,000 gross) will usually qualify for bankruptcy.  Surprised?  It’s true!  There are many factors such as car payments, house payments, and the cost of health insurance that directly impact qualifying for bankruptcy.  If you feel like you are in a financial hardship, chances are the law will agree.

Credit rating – Good credit is essentially the ability to get a loan if you apply for one.  Good credit is a history of paying bills on time combined with adequate monthly income to afford additional loans.  Once your payments become delinquent you no longer have good credit.  If you are burdened with large debts, you will not have good credit until the existing debts are dealt with.  Bankruptcy is not good for your credit but it does let you start over and begin building good credit.

What’s Next – How long will payday loans and credit cards hold you down?  Are you ready to get the facts about bankruptcy?

At the Law Office of Michael Primus we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free in-office consultation.  We have offices in Walnut Creek, Antioch and Hercules.

We’ve all heard the old adage “anyone can make a mistake,” and that goes for judges too.  The vast majority of judges know the law inside and out.  The trouble is judges have large caseloads and ever-changing demands.  From confused or incorrect paperwork to last minute information – a judge juggles it all and works to make justice in the end.  So what happens if a judge makes a mistake?  The first thing a party should consider is asking the judge to reconsider.  Giving the original judge additional information upon which to change a ruling can quickly corrrect a mistake.  If that does not work, a party can appeal the ruling to a higher court.

Most final court judgments, orders and decrees are subject to appeal.  We have all seen newly passed laws (California’s proposition 8 is a well-known example) and other rulings get held up in the courts for years.  Alas, the appellate process is not for the faint of heart.  An appeal can drag out for more than a year (some much longer) and requires a tremendous amount of paperwork and time.  A bankruptcy court judgment, order or decree can be appealed to a 3 judge panel or to a single judge.  Any appellate court will require complete records from the original court, written input from the parties and usually a face-to-face hearing before making a decision.  Written input must be in proper legal format and be rooted in legal principles.   Parties to any legal proceeding have a right to at least one appeal and often two.  Time and expense make appeals rare especially in bankruptcy cases.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free in office consultation.  Offices in Walnut Creek, Antioch and Hercules.