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    Just starting the process...

    Hello all, we are just in the planning stages of ch 7, we have contacted an attorney, he has sent us about 49 pages to fill out, my first question is this, we are current on our mortgage (1st and 2nd), and auto payments, however we have stopped our CC payments and medical payments both of which will be on the list for discharge, is this acceptable ? Even though we can't make the minimums any longer should we send just $25 or nothing at all ? Also, in the future when we need to see the doctor again, can or will they refuse service or make us pay in advance, thanks for any input....realistically it will be at least 30-60 days before we actually file the petition...

    #2
    You are pretty sharp. You have it fairly well in hand. Stop all payments. About the medical, that cannot be perceived until you actually talk with the doctor. (Not his bookkeeping department).

    Best suggestion I could tell you as a newbie, read all the "stickies" at the front of C7 forum. Purchase the C7 book from nolo.com about 17 bucks download in pdf. All forms included. and then keep lurking this forum. You are among friends. Welcome. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Originally posted by sdcouple View Post
      Hello all, we are just in the planning stages of ch 7, we have contacted an attorney, he has sent us about 49 pages to fill out, my first question is this, we are current on our mortgage (1st and 2nd), and auto payments, however we have stopped our CC payments and medical payments both of which will be on the list for discharge, is this acceptable ? Even though we can't make the minimums any longer should we send just $25 or nothing at all ? Also, in the future when we need to see the doctor again, can or will they refuse service or make us pay in advance, thanks for any input....realistically it will be at least 30-60 days before we actually file the petition...

      No! Don't spend another cent on paying your Credit Cards...You will be throwing away your precious money as CC debit will be wiped out by a Chapter 7.

      You MUST list all debts, including medical bills. A doctor has the right to refuse to see you after filing BK & not paying him back. Also, same thing with the hospital Unless it is an Emergency. Keep in mind, after filing BK until Discharge no creditor may contact you; however, they can contact your Attorney. Also, do not pay any one entity over $600 prior to your BK except for secured claims such as mortgage, vehicle and also student loans.

      My dh spent a week in the hospital this past early April. Just today, finally, I see on the web where his insurance company paid today and we owe $1,695 and some change and he has insurance. First time for him to be hospitalized at this hospital and his care was Excellent.

      I haven't even figured out how much we owe the different doctors who came in to see him. Medical Insurance is getting to be a joke. Now, not only does he have to meet his deductible of $500, co-insurance of $2,500, but every test cost $100 and admission to hospital is $200.

      I'm on Medicare & have a supplemental policy with AR Blue Cross/Blue Shield. Breast cancer runs in my family. Had a breast biopsy in Feb. and just Sat. received the insurance EOB and I owe $250 as that is my co-pay for Tests. I'm schedule for another Mammogram in Aug & see my Onocoligist the same day. Well Crap, I don't have enough money to pay all these dang bills & I know they will refuse to do the test if I don't pay the $250.

      Sorry got off track. If you need these doctors/hospitals you are allowed to pay them back after your discharge from your BK.

      The paperwork is a nightmare to me. We retained our BK Attorney last Sept. and will be filing 9/30/09. I'm trying to get the paperwork completed, but I'm disabled and brain gets fuzzy LOL!

      Luci

      Comment


        #4
        Originally posted by sdcouple View Post
        my first question is this, we are current on our mortgage (1st and 2nd), and auto payments, however we have stopped our CC payments and medical payments both of which will be on the list for discharge, is this acceptable ?
        Yes, it's fine since you will be filing soon.

        Even though we can't make the minimums any longer should we send just $25 or nothing at all ?
        Don't waste your hard-earned dollars. To unsecured creditors, a partial payment is just like no payment. It won't stop the collection calls. Use the money instead for important things like paying your lawyer or catching up things you've delayed like car repairs or new clothes.

        Also, in the future when we need to see the doctor again, can or will they refuse service or make us pay in advance.
        This depends on the doctor or dentist.

        Many doctors understand the financial problems that their patients face and are willing to continue care after filing. However, in this case it's not unusual for you to be asked to pay in full before future care will be provided.

        Other doctors may ask you after filing to find another doctor (which they had the right to do before you filed as well). It all depends on your doctor.

        In my experience (I'm a nurse), most doctors would rather find out from you before the letter they will receive from the court that you filed. And as already mentioned, keep in mind that if it's very important to you to keep seeing this doctor, you can pay anyone back that you like after your bankruptcy case is closed.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Thanks to all who responded. This forum is fantastic, knowledge is power, but shared knowledge is even more powerfull. I know we will have more questions, and we will be sure to use the search function first....talk to you soon

          DM

          Comment


            #6
            I second that about the FORUM. In my case, and I'm sure for everyone else, I went into this thing pretty ignorant about the whole process. You can't ask too many questions of the lawyer because they will threaten to charge you more.... Anyway, I had 1 medical bill that were sent to collections and listed on the bk, and another one hanging over my head now. I had to think of myself for once. I just ignored all the guilt about paying for everything, had to. It was more important to buy food, clothing, etc. I now have a budget, a plan, and determination. I know it will work out perfect for me, hope it does for you, too. If the re-affirmation goes good tommorrow, I will be cruisin'.

            Comment


              #7
              The first week of not paying bills was very nerveracking to me. Then all of a sudden it hit me and I realized how much energy I had been expending trying to juggle money, robbing from peter to pay paul. Then I turned the phones off and I was on my way. All in all, I think I spoke to only 3 creditors before we filed.

              My DH noticed the other day how empty the mailbox is. Now just waiting for 341 on 8/6.
              Filed Chapter 7: 7/3/09
              341 Hearing: 8/6/09 - Went Smoothly!
              Discharged: 11/30/2009
              Closed: 12/16/2009

              Comment

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