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    Dental Work Question

    Everyone on this board is great! Thanks in advance!

    Earlier this month I had about $2,000 worth of dental work done. Due to my wife being laid off recently it looks like a CH 7 for me. I wanted to file sometime in March, but because of this large bill on my AMEX for dental work do you think I need to wait longer?

    Thanx!

    #2
    you'll need to wait *at least* 90 days from that charge. I would probably wait 4 months to be safe. Since you said your wife was laid off- they may assume fraud or being insolvent and then you got the work done. The more time you can put between yourself and that charge the better!
    Filed Pro Se: 10/16/2009
    341 Scheduled: 11/23/2009
    Last Day for Objections: 1/22/2010
    Discharged: 1/28/2010

    Comment


      #3
      That is true in most cases. However, since it is a medical payment it could be argued that the dental work was necessity and an unavoidable charge. At the worst, you could end up having to pay that portion of your debt back if it was proven you knew you were insolvent yet deliberately charged an "unnecessary" expense. It is a tough call and always best to wait out the 90 days if at all possible. However, if you must file before the 90 days are up, be prepared to explain and have all paperwork documentation in order. Some people have had the debt discharged regardless.
      Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
      DISCHARGE 08/12/2008[X]
      Converted to NO Asset case 12/15/2008[X]
      Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

      Comment


        #4
        you should be ok after 3 months. and that is safe..
        unless if they object about it, and u are willing to pay i,t then go for it..

        Comment


          #5
          Well I am still current on all of my bills so if I have to wait until April or May it shouldntbe a problem. It sounds like I should do this just to be on the safe side, yes?

          Thank you!

          Comment


            #6
            The other thing you should consider doing is making a few partial small payments on the Amex to bolster your "borrowed in good faith" argument if this becomes an issue after filing.
            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

            Comment


              #7
              This question came up several months ago. I suggest looking for 'dental' in the various threads.

              My take: if the dental work is for health purposes, i.e. you need to be able to properly chew your food in order to digest it, and all that other stuff--you should be okay. Keep your itemized receipts!

              If the dental work is strictly for cosmetic puposes, i.e., a gold crowned tooth, that destroys a perfectly good tooth for the *bling* that a smile brings--no that will not work.

              Most dental work is somewhere in between. I have 'facings' on 5 of my front teeth, not only to be attractive, but to keep my teeth healthy so that I can eat properly.

              Good luck!
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

              Comment


                #8
                If possible, I recommend 7 months of minimum payments after your last charge. If you can't do that, just keep in mind every payment you make buys you insurance against objections.

                Comment

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