I'm currently in chapter 13 ($295 monthly) and my both kids need braces. Each kid is going to run about $3-4k. My dental insurance will pick up the entire bill then deduct it from my pay check in monthly payments ex. $8k / 24 payments = $333 a month. Could this be considered a medical expense? If so will it lower my chapter 13 payment correct?
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Is dental orthodontic braces considered a medical expense?
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YES it is a medical expense!!! Whether it will lower your 13 payments, wiser heads than mine will answer - it COULD. BUT it ABSOLUTELY is a legit medical expense. Here is a quick rule of thumb - if it would be (were you able to) deductible from your Fed taxes as a medical expense it is legally legitimate. Ortho IS!!!!
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Spoke with my att. and he related that once that time comes we will need to file a motion to modify the chapter 13 payment. Would be nice to know if the modification would be approved before hand because once I start this it will be deducted from my pay stub no matter what the outcome is.
Anyone havre any experience with this situation?
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Originally posted by chp13 View PostSpoke with my att. and he related that once that time comes we will need to file a motion to modify the chapter 13 payment. Would be nice to know if the modification would be approved before hand because once I start this it will be deducted from my pay stub no matter what the outcome is.
Anyone havre any experience with this situation?Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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Originally posted by newbie2 View PostYou can ask your dentist for a written quote and submit that to your attorney. I agree that you don't want to start the work then find out you are unable to add the expense. (We don't know what you have to fund in your plan that may make it impossible to add this expense. IE: Arrears for secured debt, assets that you weren't able to exempt, etc.)
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My wonderful attorney told us that we had to prove we could pay for medical expense over and above our tax check. $2600 check, $3,000 medical expense. Oh yeah and also told my wife to send our teenage daughter to planned parent hood for a "female surgery" to save money. Niiiiiiiiice........ an abortion clinic for my teen age daughter.
In case you have not seen it yet (other post), we fired that attorney yesterday.
Nineteen payments down, 41 more to go, hold on cause this is going be a bumpy ride.
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It would seem to me that if the orthodontist says you need them you should be able to get them-especially for kids. In my common sense way of thinking, if a trustee will take an extra pay raise of 333 a month, then they should allow a necessary 333 expense. Not sure it works that way but it should.
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