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Have to have a dental procedure before filing

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    Have to have a dental procedure before filing

    I am contemplating filing a chapter 7 and today my crown on my tooth loosened. So I will probably have to have some dental work done. My question this. I don't have the money but I do have a Carecredit card it is the only way i can afford to get my tooth fixed. If I wait 6months to file will I be ok even though I used the card?

    #2
    You should be okay. You should also attempt to make payments on that card. I do not know what the cost for a crown will be for your particular case, but I don't think it's going to be significant (over $1,000)???

    By making regular payments, you show that you didn't just run up the card on the "eve of bankruptcy" in order to avoid paying the debt. The more time between this credit purchase and filing will make it less likely that it would be considered "eve of bankruptcy" debt escalation.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Plus, dental work isn't considered a luxury.

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        #4
        Yes, take care of your health. Even if you can't (or don't) make any payments toward the debt, as long as you wait AT LEAST 6 MONTHS to file, the likelihood of a creditor objection is greatly reduced.

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          #5
          Originally posted by keepmine View Post
          Plus, dental work isn't considered a luxury.
          Which means it would not be presumed to be non-dischargeable. But the creditor can still object to dischargeability and try to prove the debt was incurred without an intention to pay. They aren't likely to bother with a debt of this size, but it could which is why making some payments on the debt is a good idea.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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            #6
            We had a medical provider attempt to circumvent the priority list in our BK. In other words, they tried to prioritized their claim above that of our major creditor, the IRS.

            That was a 'No Go' from the start.

            I had fallen and broken my right arm and left knee in August 2007, before we filed on December 28, 2007--the last business day of the year.

            At our attorney's recommendation, we put $1.00 as a placeholder for any kind of medical bill that might be finalizing. It takes several months for the paperwork to make it's way through the system. Indeed, we were still dealing with some medical bills stemming from 'Hub' prostate surgery in 2004!

            In November 2007, 'Hub had a skill-saw accident which got him a one-way ride via helicopter to the hospital.

            'Hub's provider never bothered us, but my provider did. I think they thought that anything post the filing date should have been chargeable, but I refused to acknowledge it as everything was follow-up to the problem I had August 2007.

            Each and every time I got a bill, I sent a copy of my Discharge Order. Finally, they got the idea and left us alone.

            For the record, I was treated very well, and would like to have paid them back in full for my care, but I simply did not have the money. After they tried to petition the BK Court to prioritize their debt above that of the IRS, I no longer cared.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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