Frequently Asked Questions

Medical Debt and Bankruptcy FAQ

Can medical debt really be discharged through bankruptcy?

In many cases, yes. Medical debt is generally considered unsecured debt, which means it may be eligible for discharge in a Chapter 7 bankruptcy. In a Chapter 13 case, medical debt is typically included in the repayment plan and may be partially repaid depending on the overall financial structure of the case. Because each financial situation is different, the exact treatment of medical debt depends on income, assets, and the chapter of bankruptcy involved.

How much medical debt do I need before bankruptcy becomes an option?

There is no minimum amount of medical debt required to file bankruptcy. What matters is the overall financial picture, including income, other debts, and the ability to keep up with required payments. Some people seek bankruptcy protection because of a single large hospital bill, while others are dealing with multiple accounts sent to collections. A bankruptcy attorney reviews the full financial situation to determine whether bankruptcy may provide meaningful relief.

Will filing bankruptcy stop medical collections and hospital lawsuits?

Can hospitals or collection agencies still pursue me after bankruptcy?

Is bankruptcy the only option if medical bills are overwhelming?

Not always. Depending on the situation, other approaches such as negotiated payment arrangements, hardship programs, or settlement discussions with providers may also be available. Bankruptcy is one legal tool that may provide relief when medical debt becomes unmanageable. A bankruptcy attorney can help evaluate all available options and explain which path may be most appropriate based on the individual circumstances.

Working With Janus Law FAQ

Why should I hire a Certified Specialist in Bankruptcy Law?

Not all attorneys are certified specialists. Larry D. Simons has been a Certified Specialist in Bankruptcy Law by the State Bar of California since 2004. Certification requires demonstrated experience, peer review, and continuing education in bankruptcy law. For clients, this means the attorney handling the case focuses specifically on bankruptcy matters and has met the State Bar’s formal specialization standards.

What makes Janus Law different from other bankruptcy firms?

Will my case be handled directly by an attorney?

How does Janus Law help reduce stress during bankruptcy?

Does Janus Law handle complex or contested bankruptcy cases?

Wage Garnishment FAQ

What is wage garnishment, and why is my paycheck being reduced?

Wage garnishment occurs when a creditor obtains a court order allowing them to take a portion of your paycheck to satisfy a debt. This usually follows a lawsuit and judgment, but many people do not realize a case was filed until their wages are already being withheld. Common sources of garnishment include credit cards, personal loans, medical bills, and older judgments.

How much of my paycheck can legally be garnished in California?

California law limits how much can be taken from each paycheck. In most cases, garnishment is capped at the lesser of 25 percent of disposable earnings or the amount exceeding 40 times the state minimum wage. The exact amount depends on income, pay frequency, and the type of debt involved. Janus Law reviews pay stubs and court paperwork to determine whether a garnishment is lawful and correctly calculated.

Can wage garnishment be stopped once it has already started?

What if I was never served or did not know about the lawsuit?

Will stopping a wage garnishment affect my job or employer relationship?

Bankruptcy FAQ

Do I qualify for bankruptcy, or am I not “bad enough” financially yet?

Many people delay calling a bankruptcy attorney because they think they must be completely out of options first. In reality, bankruptcy eligibility depends on income, debt type, household size, and overall financial picture. Some people qualify well before missing payments, while others need to explore alternatives first. Janus Law evaluates eligibility based on facts, not assumptions, and explains whether bankruptcy makes sense now, later, or not at all.

Will I lose my house, car, or other property if I file bankruptcy?

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 is designed to eliminate qualifying unsecured debt, such as credit cards and medical bills, typically within a few months. Chapter 13 involves a court approved repayment plan spread over three to five years and is often used to catch up on mortgage arrears, stop foreclosure, or protect non exempt assets. Janus Law explains which chapter applies to your situation and why, instead of defaulting to one approach.

Will filing bankruptcy stop wage garnishments, lawsuits, and collection calls?

Yes. Once a bankruptcy case is filed, an automatic stay goes into effect. This federal protection stops most collection actions, including wage garnishments, bank levies, lawsuits, and creditor calls. Timing matters, especially if garnishments or court actions are already underway. Janus Law helps clients understand when filing provides immediate relief and when additional steps may be required.

How long does bankruptcy stay on my credit, and can I rebuild afterward?

A Chapter 7 bankruptcy typically appears on a credit report for up to ten years, while Chapter 13 may remain for up to seven years. That does not mean credit recovery takes that long. Many people begin rebuilding credit within months of discharge by using responsible post bankruptcy strategies. Janus Law explains what bankruptcy does to credit, what it does not do, and what realistic recovery looks like after the case is complete.