im stuck

[inneed]

I'll try to keep this short. We have to file c7. Our lawyer wants us to wait until after we get our tax return back because we are expecting a rather large return. So that puts us at minimum 6 months out.

I need a surgery that my ins won't cover. A few people have suggested that since we are so far out from filing, and we technically have the credit available to us, to go ahead and do it. Because for the obvioius reasons, I doubt that we would be able to get a loan after bk to cover it. This just doesn't sit right with me.

But, on the other hand, by not paying our creditors, which our lawyer has advised us to do, saving that money added to our return, we could possibly pay cash for it. Pay for it, then literally the next week file. Or would we then have to start the 90 day look back all over?

Any thoughts would be greatly appreciated.

[magyar123]

That lawyer is full of it. This is only August.

[inneed]

? Don't most lawyers advise you to stop delaying the inevitable and quit paying the creditors?

[Cali]

Is this elective surgery?

[inneed]

Depends upon who you ask. Lap-band surgery.
I more than meet the requirements for bariatric surgery.

[Cali]

The only reason I would think the trustee wouldn't have a problem with it would be it's a life or death situation.

[Keebler]

Depends upon who you ask. Lap-band surgery.
I more than meet the requirements for bariatric surgery.

We're in Texas so we had an advantage where we can't have wages garnished and therefore lawsuits are particularly pointless if you have no other assets.

In any case, I happen to know that insurance WILL pay for Gastric Bypass Surgery if you have a doctor you can work with to help make the case for the medical necessity. The problem is that the doctors that do this type of surgery don't want to bother helping you out with the insurance and they'll either be little help or flat-out refuse. It's all a painful reminder that they are motivated by profit first and your health last.

Ironically, we've had medical expenses we've been dealing with for a long time that have been mostly covered by insurance but are probably a side-effect of gastric bypass surgery. When it got so expensive we couldn't make ends meet, we stopped paying all of our unsecured debt and kept as current on medical expenses as we could. We made it more than a year this way and recently decided it was a good time to file.

Most Bankruptcy attorneys will recommend that you put significant medical expenses behind you before you file so you have the option of discharging them if necessary. If there's a danger of losing a large tax refund you should probably get that behind you too.

With careful planning you should be able to make it as long as you need to.

[inneed]

The issue with our health ins is it is explicitly excluded

[JRScott]

You might ask the hospital if there are any charities that help those who cannot afford surgeries. You might not could cover all of it but you might find the funds for some of it.

[Mi Bankruptcy]

I am sorry.. and this may be considered unethically . However, I say go for it. Medical costs is what finally pushed me to start the process of filing before creditors come after me.

I had a seizure that put me in the hospital for one week and then had to return for another week. It cost 25k for me to lay in a bed and watch TV.. although insurance covered most of it. I am still responsible for 4k.. Granted.. I did have a Cat scan and MRI.

Do the surgery, take care of your health.. If the attorney thinks you should include it in your BK.. You should follow your attorney's advice.

My only concern is you met with an attorney before you elected or considered having this surgery.. I wouldn't want you to get nailed for some type of fraud. I am new at this so other people wit more experience can weigh in on this. This may not even be a concern?

[chloe0724]

Have you tried weight loss on your own first? Surgery is such a drastic thing to accomplish weight loss. My Aunt had Gastric over a year ago, and has had more health problems than she did before the surgery.

Just be aware of all the risks before you have it done. If you weigh everything and decide that you can not loose the weight in a natural way, and surgery is your only answer, then I would reccomend paying for it with Credit. You can discharge that and you may need the cash to cover future medical needs related to the surgery itself.

Goodluck

[Phillymanhere]

inneed,

First of all, take a breath and congratulate yourself for deciding on these changes. Just the decision to take these steps is itself an accomplishment.

I have two close friends who had bariatric surgery, the gastric bypass option. Both were severely overweight. One regained a lot of the weight; another regained some weight. Just be advised: just as bankruptcy does not solve financial problems (if you don't have a good job and improved saving and budgeting habits financial problems will return), bariatric surgery does NOT solve weight problems and compulsive eating. If you are a compulsive eater (and I've been in that category), you probably want to begin to seriously address that. My two friends both stretched their stomachs greatly after the surgery and they returned to frequent overeating.

And let me tell you: there is NOTHING more depressing and demoralizing than to go through this drastic surgery and see the weight return because you haven't gotten a control of your compulsion.

Now, I don't know about the lapband version of the surgery; maybe that one is harder to manipulate through overeating ... But you probably want to get to a 12 step program or a counseling program or some sort of compulsion or addiction program, because if you still have that drive to compulsion and you can't eat, you'll simply transfer it to drugs, smoking, drinking, sex or something else reckless and destructive. I am a recovering addict and one thing that set up my latest addiction (which I stopped 11 months ago), was losing weight and quitting smoking. I simply transferred these two compulsions over into a new area of my life!

A quickie: can you double-check to see if your insurance covers the gastric bypass option? Also, I know you say it's explicit, but you might see if there is any avenue of appeal or special request for the lapband surgery. Everything can be appealed--that's one thing I've learned in life.

I think it is better to pay off the surgery bill with the tax refund than by charging it if you know you are going to file for bk. How much is the surgery by the way? ...

Anyway, hang in there.

[inneed]

17500 for the band.
Our exclusion is iron clad, believe me I tried to get around it.

I quit smoking 2 years ago, 4 pack a day somewhat cold turkey. Dr. put me on 2x antidepressants.

I have always been terrified to become an alchoholic, so I just don't go there. Has never been a problem.

I know that wls is very drastic, but the benefits to my health, mainly my diabetes, is extremely compelling. I can handle being fat. I can handle being fat and diabetic. I can't handle being dead.

[chloe0724]

Congrats on stopping smoking!! That's a huge accomplishment.

Have you sought professional help like Phillyman advised? He is completly dead on with his advice. Even with the surgery, you still need to correct wht caused you to get where you are now.

Good luck to you and your health!!