medical/dental payments in 90 days prior to filing

[LSS]

Hi,

I'm in my 90 day period before my bankruptcy filing in May.
I have $650 alloted on my J schedule for medical/dental/prescriptions - all totally legitimate as there's a lot wrong with me.

Here's my question: in the 90 days before filing, my lawyer has told me I can't pay any one Dr or Dentist more than $500 total during that period, let alone prepay them before I get the work done (which my Dentist wants $650 up front before he'll treat me).

I'm in the first month of the 90 day period. Will I have to wait until after the bankruptcy to get this needed work done? I already innocently paid him $400of the $600 (last month, which is before the 90 day period) to do work on me. I was going to pay the other $200 this month which I haven't done yet. The dentist has me scheduled for treatment in early April (April will be the 2nd month of my 90 day period).

I have no outstanding debts for medical/dental. I'm going bankrupt because I can't afford to pay my general credit card debt (which I've been paying for over 5 years) AND get medical/dental needs I desparately need...it was a choice between one or the other.

Thanks for explaining to me how things work and what to do.

Also, I still ower my lawyer $1200. Can I pay her $500 this month, $500 next month and the last $200 in May right before I file?

I know, ask your lawyer...but, she's very abrupt and short with me even though I've only called her twice to ask questions. I read alot online to try and answer questions rather than call her as I can tell she doesn't want to talk to me and it's just too emotionally stressful for me. She said she doesn't want to meet with me until right before I'm ready to file.

[tigergem]

Well if you already paid the dentist $400 of the $600 outside of the 90 days and you were told not to pay more than $500 within the 90 days, why can't you pay the remaining $200 in April?

$200 is not more than $500.

As for the attorney fees... do you have a fee contract that stipulates how you should pay her?

[catleg]

Background: it sounds like your lawyer is trying to avoid creating a situation where a BK trustee goes after the doctor/dentist for a preferential payment, which means selectively paying off your unsecured creditors.

Such an action would be strictly between the BK trustee and the dentist/doctor, but it would force him/her to potentially defend himself/herself against such a claim.

However, there is an exemption from such claims when you are receiving new services in exchange for the money paid. Further, since health care is a necessity, you should have no problem engaging in such medical expenses as you require them. Since you said you have no outstanding debts to the doctor/dentist you should be safe to go ahead and get the treatment.

As far as the lawyer, they also get priority treatment for their payments (of course!), she's probably more concerned that she gets paid first rather than the dentist. Whatever, they're both equally important, but if you need the medical treatment, get that first.