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Chapter 7 and Orthodontics (Braces)

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    Chapter 7 and Orthodontics (Braces)

    Chapter 7 and Orthodontics (Braces)

    My daughter has braces on her teeth that we are paying on each month. My wife's insurance picks up part of the cost. She will have the braces for another year. She gets adjustments every six weeks. For the sake of this question, let's say we still owe the dentist $2,400 that we will pay $200 on each month for another year.

    When we declare bankruptcy, should we:

    1. Include the dentist in the BK and then renegotiate with with that same dentist to continue orthodontic care after BK?

    2. Include the dentist in the BK and then find another dentist that will continue the care after BK?

    3. NOT include the dentist in the BK and continue doing what we are doing?

    4. Something else?

    THANKS!!!

    #2
    we did #3
    6/30/2009 Filed Ch. 7
    10/06/2009 Discharged
    01/24/2011 Closed

    Comment


      #3
      I would vote #3. I don't like going bankrupt on small people like a dentist. To the big multi-billion dollar banks I don't mind sticking it to, but not to some poor dentist who's probably lucky to make $70,000 to $100,000 per year. Not every dentist/orthodonist is rich.

      Comment


        #4
        Originally posted by InDebtNeedHelp View Post
        When we declare bankruptcy, should we:

        1. Include the dentist in the BK and then renegotiate with with that same dentist to continue orthodontic care after BK?

        2. Include the dentist in the BK and then find another dentist that will continue the care after BK?
        Either of these options is fine. After your bankruptcy is discharged, you can catch up/pay back whoever you want.

        3. NOT include the dentist in the BK and continue doing what we are doing?
        This is a big no-no! You must include ALL your debt when you file. Leaving one debt off on purpose is bankruptcy fraud. You don't want to go there.

        Talk with your child's orthodontist before you file. Explain that you want to continue seeing him/her after filing, but the law requires you to list the debt you owe when you file.

        If your orthodontist is willing to continue seeing your child, then you're fine. However, while you are waiting for discharge and after, your orthodontist may ask you to pay in full for every visit.

        If after the conversation your orthodontist asks you to find another orthodontist, then you can start looking for another to take over your child's care at that point.

        Keep in mind that all non-emergency medical and dental relationships are voluntary. You can leave the medical care provider at any time you wish, or the non-emergency provider can leave you anytime they wish.
        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
          Originally posted by lrprn View Post
          Either of these options is fine. After your bankruptcy is discharged, you can catch up/pay back whoever you want.

          This is a big no-no! You must include ALL your debt when you file. Leaving one debt off on purpose is bankruptcy fraud. You don't want to go there.

          Talk with your child's orthodontist before you file. Explain that you want to continue seeing him/her after filing, but the law requires you to list the debt you owe when you file.

          If your orthodontist is willing to continue seeing your child, then you're fine. However, while you are waiting for discharge and after, your orthodontist may ask you to pay in full for every visit.

          If after the conversation your orthodontist asks you to find another orthodontist, then you can start looking for another to take over your child's care at that point.

          Keep in mind that all non-emergency medical and dental relationships are voluntary. You can leave the medical care provider at any time you wish, or the non-emergency provider can leave you anytime they wish.
          We listed the orthodontist as a monthly medical expense.
          6/30/2009 Filed Ch. 7
          10/06/2009 Discharged
          01/24/2011 Closed

          Comment


            #6
            And nothing has been said about it as of yet?


            Originally posted by hamburgervol View Post
            We listed the orthodontist as a monthly medical expense.

            Comment


              #7
              I'm in a similar situation. We filed last week and were are about 2/3rds paying off my stepdaughter's braces. I planned on continuing to pay this bill, but we had to list ALL debts, as previously stated. Hopefully this won't be a problem. This is at Gentle Dental, a corporate setting, and not a small dentist office...

              I'll come back and post and let you all know what happens. Wish me luck!
              Filed Chapter 7 08/06/09, unsecured debt of $109,000
              341 Meeting 09/09/09
              Discharged 11/12/09
              Closed 12/14/09

              Comment


                #8
                My dental debt did not show up on my credit report or my wife's when I ran them last night. It is not even set up like a loan. I have an agreement with them, and I pay each month to continue service. I may just list it as a monthly medical expense and keep paying on it.

                Originally posted by killinstinct View Post
                I'm in a similar situation. We filed last week and were are about 2/3rds paying off my stepdaughter's braces. I planned on continuing to pay this bill, but we had to list ALL debts, as previously stated. Hopefully this won't be a problem. This is at Gentle Dental, a corporate setting, and not a small dentist office...

                I'll come back and post and let you all know what happens. Wish me luck!

                Comment


                  #9
                  Originally posted by InDebtNeedHelp View Post
                  And nothing has been said about it as of yet?
                  No, my attorney said we should keep paying the orthodontist.
                  6/30/2009 Filed Ch. 7
                  10/06/2009 Discharged
                  01/24/2011 Closed

                  Comment


                    #10
                    Thanks. I am leaning strongly toward doing the same thing. It makes the most sense.

                    Originally posted by hamburgervol View Post
                    No, my attorney said we should keep paying the orthodontist.

                    Comment


                      #11
                      I did #3.

                      Comment


                        #12
                        Thanks. I am going with #3, also.

                        Originally posted by mike258 View Post
                        I did #3.

                        Comment


                          #13
                          It may not be debt, if you are paying for the appointment at every appointment "pay as you go" then that is an on going medical expense. If you carry a balance and are paying that off it is debt.

                          Some insurance companies make the ortho bill it monthly based on services rendered otherwise they could pay their % and then you could drop them at the next open enrollment and continue to receive care on their dime.

                          Comment


                            #14
                            I would do #3 also.

                            List them as a debt, but let the dentist know that you will continue to pay him.
                            Filed 8/2009
                            Discharged & Closed 11/2009
                            Now the rebuilding begins....

                            Comment


                              #15
                              You have a debt and are required to list it. This is really not an option and I would not risk having my case dismissed for such a silly reason.

                              Tell the orthodontist in advance what is going to happen and assure him you'll be paying off the debt post-bk. It will be just like any "ride-through" you'd do on a car or mortgage. So long as you continue to pay, the ortho won't repo your kid.
                              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                              Comment

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