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  1. #1
    Join Date
    Feb 2012
    Posts
    4

    Default Can You Discharge a Medical Insurance Subrogation Lien in Bankruptcy

    My question involves bankruptcy in the state of: CA

    I'm considering filing Ch. 7 if my health insurer pursues subrogation of the PI settlement I received from an at-fault motorist's insurer (minimum policy limits in CA; doesn't even come close to compensating me for lost wages, other out-of-pocket expenses, and pain and suffering from severe injury).

    Because I will never even come close to being made whole, I intend to dispute the subrogation--CA I think requires the insured to be "made whole" first before subrogation can come in but I'm sure the health insurer will pursue subrogation anyway.

    At present, insurer's collection agency for subrogation has sent an inquiry letter but if I refuse to pay I assume they will go to court, get a judgement against me, and then file a lien?

    Can I discharge such a lien or liens in Ch 7?

    Does the insurer need a judgement and lien against me or can I discharge their claim or subrogation case in BK before they get that far? I would need to file no later than Feb. 2013 and I'm not sure how long it will take them to get a judgement/lien.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Discharge a Medical Insurance Subrogation Lien in Bankruptcy

    Has the insurance company actually formalized a lien against the recovery with the court?

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