What to do if my mother is in a nursing home and has incurred a debt of about $8,000 because the nursing home was negligent in handling of her health insurance papers?

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What to do if my mother is in a nursing home and has incurred a debt of about $8,000 because the nursing home was negligent in handling of her health insurance papers?

She is on Medicaid but was put in debt for the first 3 months of her stay. I know that I can sue the nursing home for negligence (they also are in bankruptcy) but would it be better if I file bankruptcy for her for this debt

Asked on December 28, 2013 under Bankruptcy Law, New York

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

I would not advise a bankruptcy for an 8,000.00 debt.  Filing for relief under the code depends upon the totality of the person's financial situation.  Does your mother have any assets?  A home? A life insurance policy with cash value? Even a car may be jeopardized.

If the nursing home is in  bankruptcy, and they alledge that your mother has a debt, you may have a reason to dispute the debt based upon their negligence.

Your question poses far more questions than can be answered in thus forum and and a lot more facts.  I would advise you to consult with counsel experienced in elder law representation to investigate your options.


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