One more means test question - orthodontics

[poormomto4]

Our 14yos recently got braces. We pay the orthodontist $170 a month. Where is that figured into the means test? Is it secured loan? Or some extra medical expense? Can we even include it?

[lrprn]

It's a medical expense, and yes, you can include it in your medical costs for the last six months. If it becomes an issue (unlikely), you can ask the orthodontist to give you a letter justifying the medical need for the orthodontia work to give to the trustee.

Whether your 'loan' from the orthodontist is secured or not depends on the loan's set-up. Did you secure it with a car or other asset? If you didn't, then the loan is unsecured and you can wipe it out if you file Ch 7.

If your son is still having dental work done, talk to your orthodontist. You can voluntarily pay back whoever you want after your Ch 7 is discharged. But realize that your son's orthodontist has the right to ask you to seek treatment elsewhere. Not likely that will happen, but it is possible and something to plan for since you must list the debt when you file and he/she will be notified about your bankruptcy.