Question about a recent medical charge effecting BK

[leo_075]

We are considering bankruptcy as we have a home going into foreclosure next month and out of control debt from job loss. I have to have a medical procedure done to remove a lump that was found in my breast, however, it interferes with implants that I had 6 years ago. I now have to fork out about $4,000 to have this done, plus extra for pathology, labs, ect....I know that this is something that's going to get a lot of attention when we go to file because it's not going to get looked at as something that was necessary, even though it was because of the lump. Even after 60-90 days, what could be the outcome of this? Just a really embarrasing bunch of questions asked about it? I thought about just writing a check to myself and paying cash, but not sure if they can still find out what it was for. Any input?

Thanks...

[sofarindebt]

If it were me......

I would write a check to yourself and pay cash.......if they object to the "luxury" purchase and win, you have to pay it all back. But if they object about the cash advance, there is a good chance they would settle for half or less anyway........

Hope everything is okay with that lump.....

[Boscoe]

Luxury purchase? Are you kidding me? This is a serious medical issue that is in NO WAY an elective procedure....come on, be real!

Don't worry about it - have the procedure done, see if they can bill you for it and then do NOT pay. I know it may be close to filing date, but this is a medical requirement, if not emergency.

I'm trying not to overreact here, but to say a medical issue like this could be construed by anyone as a luxury item is ludicrous!

[lrprn]

Sorry to hear about your medical problems, Leo - we're all sending positive thoughts and prayers your way for a full recovery.

First of all, don't file until all your medical bills have been received so all of them can be included in your filing and wiped out.

Ask 3-4 bankruptcy lawyers during your free initial consultation visits about this situation to see how long they recommend waiting to file. Also ask if you should make a few payments on the bills before filing to remove any suspicion you knew you were going to file before having the procedure.

Do keep in mind that there's a chance that you may have to find different health care providers for your follow-up care after you file. Some physician, radiology, and surgical groups and hospitals may choose to sever their medical relationship to you after you file and ask you to get your future care elsewhere. It doesn't happen often, but it is a possibility. Hope it doesn't happen in your case.

[leo_075]

Thanks for all the input! Actually part of it is getting billed, but the plastic surgery part to replace "things" has to be paid up front. That's the problem I'm thinking about as well is that it's going to look like I purchased an augmentation for luxury when it has to be replaced. I know that I could probably get a copy of the operative report to show that they were taking out a lump to send to pathology which is what they're going to do, but the rest of the surgery is because one of the implants has to be replaced because the lump is so close and no surgeon will complete the exchange without replacing both to cover their butts. It's not something I want done at a time like this, but if/when we do file BK, there is no way I could get this taken care of with out putting it on credt. Thanks so much for your inputs and nice words.....

[JollyGG]

Honestly, this sounds like a necessary medical proceedure, implants or no implants. They are there, you can't change the past and the lump needs delt with.
It's not cosmetic surgery it is a biopsy complicated by an existing implant that then must be replaced.

[leo_075]

Yes, that basically is what it is. I was just concerned that wouldn't be how the judge would look at it. But after hearing what some of you had said, I know that with the operative report, they would see that it was a necessity. I really appreciate everyone's input.