If I had medical procedures/bills within the last 90 days, are they not considered for Ch 7? Thanks for your help! S&T
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If you haven't filed yet, then any medical bills, including those from within 90 days of filing, can be included on your creditor list and wiped out at discharge. The challenge of medical costs within 90 days of filing is getting the final bill in time so you know what to list as the debt amount.Originally posted by sickandtired8 View PostIf I had medical procedures/bills within the last 90 days, are they not considered for Ch 7?
One caution....if these procedures were elective (for example, a breast augmentation) and you've already paid your bk lawyer's retainer, then there's a chance that the creditor will challenge and state you incurred the debt knowing you were going to file just to wipe it out (in other words, fraud). However, if the medical costs are legitimate ones recommended by your doctor for health reasons or emergencies, it shouldn't be a problem.Last edited by lrprn; 06-01-2007, 11:22 PM.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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More bills!!!
We had to take our little girl to the ER the day we filed...will that be included also? Do I specifically have to list this hospital visit since they are already listed on the BK in order for BK to cover it? Thanks! S&T
Originally posted by lrprn View PostIf you haven't filed yet, then any medical bills, including those from within 90 days of filing, can be included on your creditor list and wiped out at discharge. The challenge of medical costs within 90 days of filing is getting the final bill in time so you know what to list as the debt amount.
One caution....if these procedures were elective (for example, a breast augmentation) and you've already paid your bk lawyer's retainer, then there's a chance that the creditor will challenge and state you incurred the debt knowing you were going to file just to wipe it out (in other words, fraud). However, if the medical costs are legitimate ones recommended by your doctor for health reasons or emergencies, it shouldn't be a problem.
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