[CLBS] [CLBS} Medical Lien question

[Matthew T. Christensen]

Folks,

Scenario:  Client has previous personal injury accident.  Existing unresolved personal injury claim (policy limits = $100k).  $600k in medical bills; hospital has a medical lien on the insurance claim (assume properly pursued/perfected).  Brain damage as a result of the accident = good case for "to the extent necessary for support" exemption claim for PI proceeds.

Question/Problem:  What to do (if anything) about the medical lien.  Can it be avoided (similar to a judgment lien on a house)?  Or is the Debtor stuck with it, and all PI proceeds just go to the medical folks?

I can (and probably will) research this - but figured I'd see if there was any collective wisdom first.

MTC


Matthew T. Christensen
Attorney and Counselor at Law

ANGSTMAN JOHNSON
Attorneys and Counselors
3649 N. Lakeharbor Lane
Boise, Idaho  83703
(208) 384-8588
(208) 853-0117 (fax)
mtc at angstman.com<mailto:mtc at angstman.com>
www.angstman.com<http://www.angstman.com/>

[cid:_4_0AC858340AC855C8004F82A387257E53]  [cid:_4_0AC85A500AC855C8004F82A387257E53]


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