Question: Can a bankruptcy trustee require the Debtor to publicly disclose specific medical condition(s) during the Meeting of Creditors?
Short answer: Yes, with limitations—asking about the financial aspects of your health care at a §341 meeting does not violate HIPAA. Trustees are allowed to verify your finances (including medical debts). They are not legally entitled to your diagnoses or treatment details.
What the trustee can ask
How much medical debt do you have?
Who are the medical creditors and what are the balances?
Do you have a personal-injury or malpractice claim?
Are you expecting insurance proceeds, settlements, or reimbursements?
What the trustee cannot ask
Your diagnosis, treatment plan, medications, or medical records.
Other protected health information (PHI) that isn’t necessary to verify your finances.
HIPAA vs. Bankruptcy—how they fit together
HIPAA protects PHI. Covered entities (providers, insurers) can’t disclose your identifiable medical details.
Bankruptcy requires financial disclosure. You must list all debts, assets, and potential claims—including medical bills and any lawsuit/insurance rights.
Limited disclosure in court records. Filings should avoid PHI. When medical detail is unavoidable, parties typically use redaction or sealing procedures to prevent exposure of patient identities or sensitive facts.
What to expect at your Meeting of Creditors ("§341 meeting")
You’ll answer questions under oath to confirm your schedules are complete and accurate.
If a debt stems from a personal-injury event, expect questions about any pending claims or recovery rights—because potential proceeds may be property of the estate (subject to exemptions).
Your attorney can object to improper questions that drift into PHI.
Practical tips to protect your privacy
Bring a clean list of medical creditors and balances—so you can answer without discussing diagnoses.
Refer to providers generally (e.g., “hospital,” “orthopedic clinic”) rather than medical conditions.
If someone asks for PHI, your attorney can:
object,
suggest answering in a way that reveals only financial facts, or
request a sealed or limited disclosure if truly necessary.
Quick FAQ
Can the trustee demand my medical records? Rarely. They can seek documents only if relevant to assets/claims. If medical records become necessary, courts often use protective orders or sealing to prevent PHI exposure.
Will a personal-injury claim be taken? It depends on your state’s exemptions and the chapter you filed. Disclose the claim; your lawyer will address exemption strategy.
Should I list small medical bills? Yes. List all creditors, regardless of size.