I have an appt today with a second for a 2nd opinion regarding possibly filing chapter 13. Our income is above the state median. However my wife and I have some health issues and the first attorney we saw stated we should go to our bank and get an HSA. Questioned above it future home repairs and he said buy a home warranty. So I thought I'd list our concerns on here to get some thoughts/opinions. My wife is in dire need of dental work. We're looking at close to $9000 after insurance payments for her(root canals, bridges, caps, etc). I myself have put off going to a dentist myself and when I recently decided to visit one I was told that I would need bi-annual deep cleaning which runs $280 after insurance. I also have 3 herniated discs in my back and go to chiropractor weekly($30 copay) for care which my primary care physician recommended. Also chiropractor highly recommends 1 medical therapy massage monthly(preferably 2 to help ease muscle pain/tightness due to the discs). I'm a delivery driver and do quite a bit of lifting throughout The day so until I can retire or win the lotto I'm stuck with this situation. However due to financial reasons I've been putting off chiro to once every 2 weeks and no therapy as recommended. Sorry this is so long but what I'm basically wanting to know is that with what I've stated will trustee disapprove our medical expense as too excessive? Thanks for any input.
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It is possible to qualify for a Chap 7 even if your income is above median. If you can document that the expenses are medically necessary, you should be able to use them on the means test to qualify for a Chap 7 or as a deduction from income when determining a Chap 13 plan payment. If the trustee objects and cannot be convinced the expenses are necessary, then you would present your case to the judge.
I guess you got that second opinion today. What did they attorney say?LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
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