Bankruptcy Attorney in Duarte, CA
Fast Debt Relief Solutions. Duarte is our next-door neighbor, a few minutes east of the Arcadia office on Huntington Drive. Many Duarte residents who call us are dealing with debt that followed a serious illness: large medical bills, months of missed work, and credit cards used to cover rent and groceries in the meantime. Hedtke Law Group helps with Chapter 7 and Chapter 13 bankruptcy and, when a condition keeps you from working, with Social Security Disability claims.
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Attorney Neil R. Hedtke · State Bar of California #273319 · about 3,000 bankruptcy cases filed since 2010 · West Point graduate and U.S. Army veteran · 5-star rated on Google
Medical debt after a serious illness
Medical bills are unsecured debt, the same category as credit cards. In Chapter 7, they are usually discharged in full within a few months, with no minimum amount you must owe. Hospital payment plans, collection accounts and medical credit cards are all treated the same way.
Before filing, we look at whether some of the bills should never have reached you, for example charges your insurer should have paid or balances that qualify for a hospital’s financial assistance program. Sometimes the right answer is to clean those up first and file only if the remaining debt still makes sense to discharge.
When illness also means lost income
A long treatment often means reduced hours or no paycheck at all. That usually makes the Chapter 7 means test easier to pass, because it looks at your average income over the six months before filing. If you are still recovering and not sure whether you will return to work, we time the filing so the numbers reflect your real situation.
If your condition is expected to keep you from working for at least 12 months, you may qualify for Social Security Disability Insurance. Our office handles SSDI claims too, and SSDI benefits are generally protected from creditors, so a bankruptcy and an SSDI claim can work together.
Keeping your home and car while you recover
If you fell behind on the mortgage or a car loan during treatment, Chapter 13 lets you catch up over three to five years while the automatic stay stops foreclosure and repossession. If you are current on those payments, Chapter 7 can clear the medical and credit card debt so the regular payments become manageable again.
How the process works
- Free consultation by phone or at the Arcadia office. If travel is hard during treatment, tell us and we will arrange the first meeting by phone.
- Bring recent pay stubs or benefit letters, medical bills and collection notices. We check the means test using your actual recent income.
- You complete the required credit counseling course online, and we prepare and file your case. Collection calls, lawsuits and garnishments stop under the automatic stay.
- You attend the meeting of creditors, which is often held by video. In a typical Chapter 7 case the discharge follows a few months later.
Your attorney
Neil R. Hedtke graduated from the United States Military Academy at West Point in 1992, served five years as a U.S. Army Engineer Officer, and earned his law degree at the University of La Verne College of Law. He was admitted to the California bar in 2010 and has filed about 3,000 bankruptcy cases since. Read more about Mr. Hedtke or verify his license on the State Bar of California website.
People dealing with an illness have enough to manage. We keep the paperwork organized, explain each step in plain language, and tell you up front what the case will cost.
Questions we hear from Duarte residents
Can I discharge medical bills in bankruptcy?
Yes. Medical bills are unsecured debt and are usually discharged in Chapter 7. In Chapter 13 they are paid a share based on your budget, and the rest is discharged at the end of the plan.
Is there a minimum amount of medical debt to file?
No. There is no minimum. The question is whether bankruptcy is the best way to deal with your total debt, which we answer at the free consultation.
Can I file bankruptcy while applying for SSDI?
Yes. The two can run at the same time. SSDI benefits are generally protected from creditors, and a past-due SSDI award is usually protected too. Tell us about any pending claim so we list it correctly.
Do I have to come to the office in person?
No. The consultation can be done by phone, documents can be sent electronically, and the meeting of creditors is often held by video.
Getting to our office from Duarte
From Duarte, take Huntington Drive west into Arcadia. The office on E Santa Clara Street is usually a 5 to 10 minute drive. You can also ride the Metro A Line from Duarte/City of Hope Station two stops west to Arcadia Station, a short walk from the office.
Hedtke Law Group
255 E Santa Clara St, Suite 210, Arcadia, CA 91006
Phone: (626) 593-1558
Monday to Friday 9:00 a.m. to 5:00 p.m., Saturday 10:00 a.m. to 1:00 p.m.
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Related help
We also help clients from nearby Irwindale and Azusa. See our SSDI page, read how bankruptcy stops creditor calls, or start with our main bankruptcy options page.