I am getting ready to file for Chapter 7. My atty told me to bring all bills including medical. Will the Dr's refuse to see you after filing the medical bills. I currently owe a $2,000 bill to the ORthodontist where my son goes every six weeks. Will the ortho refuse to see him? HE still has over a year to wear the braces. HELP!
Yes it's possible, but keep in mind there is no set policy for all doctors, dentists and orthodontists. Have you tried talking with the ortho or his/her office manager? Is a payment plan an option? How late are you with this 2K bill?
I'm not sure of all the proper lango but I'm pretty sure can agree to pay the dentist what is owed and not have it included in the BK. However, I think the court at least needs to know about it. (please correct anyone if I'm wrong)
This site is M$NEY......Ch13 discharge Sept '07 10/8/07 TU: 602 - EQ: 637 - EX: 651 12/24/08 TU: 696 - EQ: 707 - EX: 716
First, yes, your doctor can stop treating your son if you do not pay, so definitely, talk to the doctor/office manager and work something out.
You need to talk to your attorney about what to do about the ortho debt- you don't have to include all your bills in the BK. There is a special term, I forget, but something like "reaffirming the debt" where you don't include it in the BK. You have to sign a special letter and it has to be approved by the court. We did this for one of our vehicles and for my husband's student loan.
It is called a reaffirmation, and YES it can be done. Since your attorney knows about it he will be looking for it when you bring the paperwork in.
Your attorney will advise against it but bully him on this one and let him know you want to reaffirm this debt, Now, please keep in mind, if you default on this debt you will have no protection from any judgements or collections that can arise from the default.
The worst thing the Dr can do is tell you not to come back until you are caught up or demand payment BEFORE anymore treatment is given.
9 time out of 10 the trustee will do the reaffirmation since it is your sons best interest and his treatment plan.
actually what I would do is let your dentist know the inside scoop. Let him know that he will receive the paperwork but that the good news for him is that now you can catch him up and pay him off in full because you are no longer making those high credit card payments. I wouldn't reaffirm per se, I would just be up front with the dentist. I did that with my kids and their braces and there was no problem. The dentist didn't lose anything and the insurance still paid their share. I would also let him know that payments will resume after your 341 meeting. That way no one can say you are giving preferential treatment to a creditor. And I would just keep it on the lowdown. You can chose to pay whomever you want after your BK is done.
Message Edited by granny031350 on 02-02-200802:14 PM