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Tax return question - another!

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    #16
    I don't know if we can't not make a quarterly tax payment; we really have NO idea what business will be like this year, and are trying to strike a balance between no shortage and no refunds. Last year my husband DID overpay, as it turned out. For the previous 15 years of tax returns, we owed every single time, so he got over-zealous and paid too much. Add in the EIC that we never received before, and a new child, and bam, refund. It's a challenging line to balance on.

    WRT to the ortho, what we did was the same as what Meatstick did; paying for the treatment in its entirety even though it is over a course of time.

    Our regular dentist mentioned 2 years ago that he would probably need braces, and we put it off to see what would happen with the impacted canine tooth. It's pretty clear it's never going to come in on it's own, and will only worsen over time, so when we saw the refund coming we took him for a consultation and decided to pursue treatment. With what it costs, we could not have done a lump sum in the foreseeable future of even the $1320 down at this point, and adding the monthly $165 payment that would be required would be a bit much for our budget right now. Self-employment is unpredictable and even more so in the (real estate) appraisal field, and we just didn't want to risk not being able to pay for his treatment.

    This way we didn't add to credit card debt (my husband has his own which is significantly less than mine and has favorable rates), and our son gets his teeth fixed (a health issue with the impacted tooth, not to mention the wisdom teeth going the same route; maybe by reducing the crowding of his erupted teeth, the wisdom teeth won't be as urgent a situation when the time comes). I'm just kind of going nuts trying to figure out if I can file sooner rather than later. I wonder what kind of person says - "Dental treatment? You can't have that." and pursues the money paid to the orthodontist?

    If I had stuff to sell, I would have already done it. I just want to file and get this over with and have my son have healthy teeth - something that will affect his health, his appearance, and his future. If I'd gotten a breast enlargement, I could see the trustee rolling his eyes and going like a bulldog after that money. I get that. But a teen's teeth? I just don't understand that.

    I'm sorry to be running this into the ground, but I have no one to easily talk to and my mind is just going going going. It helps to hear others' opinions and experiences. I was all set to wait the 90 days (or a bit more) after paying the ortho, but then yesterday I got a letter from the court HERE, regarding the extensions I have asked for on the lawsuits from Amex and Discover. When I wrote the letters to the judge asking for the extensions (at least one was granted), I was all set to sign and file this month, and told him that's what I would be doing. Now this bump in the road and I'm a little freaked out by the thought of default judgments resulting in a lien on the house. The letter from the judge (which also went to my attorney, and I have NO idea as to how they got his info, because I didn't give it to the court) says that they are unable to stay further proceedings until they receive the BK Court Case number -- which I won't have until I file.

    I have asked my attorney and here some questions, and they don't get answered. My husband is on my back in that he wants me to file; then says wait as my attorney says to do; then says "Why can't the tax refund be exempted"; wants me to sign a quit claim so he can refi the house, and gets irritated that I can't (per my attorney's advice, which *I* totally understand); and often just generally says idiot things about the consequences of BK (like thinking I will get the 1099's or whatever, saying I have to claim as income the discharged amounts when I have REPEATEDLY told him that's not the case).

    The clinic where the pediatrician for my kids works sent me a letter saying they won't see me or anyone on my account any more, and are turning me over to collections. That's fine for myself, but my baby is listed on my account, and that means I can't take him in for stuff, unless they will switch him to my husband's zero balance account, and they probably won't. So I wonder how I'm going to fix that, and no pediatricians aren't a dime a dozen. She's a good one, and I want to be able to take the kids to her. My only hope is that I can talk to her if I have to take one of the other boys in and she can help pull some strings.

    My almost-12 yr old son was diagnosed with Type 1 diabetes in December. He's not on insulin at present b/c they say I caught it early (long story) and he is still making enough of his own. Recently he's had some high readings after poor food choices and I was frightened that he had worsened and was going to start requiring insulin, which is scary to me b/c of stories a friend tells (her daughter has Type 1) about other kids, and I'm worried about him. We're going for a second opinion in April and I really really want the first doctor to be wrong.

    I'm under a lot of pressure and stress and this is adding to it and I can't vent to my mother b/c she thinks BK is sooooooooo scary due to the one time she went through it in the early 90s. My Dad has BK'd twice (most recently due to enormous medical bills for an undiagnosed infection that damaged his heart), but he is working full time and when he is off work he's worn out and when he's really tired he's not always completely cognizant. Not insane or anything, but rambling and repetitive and you just generally can't talk to him about anything of importance. My husband can be unreasonable (as noted above), my sisters don't understand it (in fact *I* am guiding one down the start of the BK path, but hers is much more simple), I'm not telling much of my extended family, only two friends know, and I just really really need a place to talk and to bounce ideas off others who are experienced & knowledgeable.

    So I'm sorry to be repetitive myself and ask questions that I basically have already asked, but as things occur to me I need answers, or at least best guesses. It helps me to know that Meatstick did the same thing we did and their BK went fine. However, I am aware that they are in a totally different place than I am, and that their experience doesn't mean mine will be the same. But to find someone who has been in a similar situation is good. I read on here many many times that medical and dental care are okay to take care of prior to filing; nowhere did I see that that actually means "as long as it's under $500". I wish that had been said with such a caveat. I would have been better prepared and maybe we would have done something else WRT to the ortho (I wish now we had just given him the amount of the exempt EIC and maybe an additional $500 payment).

    I'm fully aware I'm not the only one with stress and issues and that there are those in far worse situations. But this is my life right now and I'm trying to figure my way. I wish that my attorney's fee included 24/7 (okay, let's say 2/7) free access to him where I could pick his brain and get answers a lot more quickly. But because it doesn't, and because he's busy, I've got to rely on who is available, and you good people are usually it.

    If you made it this far, thanks for listening. It didn't start out to be this lengthy!

    *deep breath*
    Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
    "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

    Comment


      #17
      Can anyone please tell me:

      1) How the braces & treatment are considered antecedent debt when no money was paid (or promised) until the day the braces were applied and the contract signed by my husband? (All the same day)

      I found this --

      In In re Vanguard Airlines, Inc., 295 B.R. 329, 335 (Bankr.W.D.Mo. 2003), the court found that payments made to a vendor in the 90 days before the debtor's bankruptcy filing were not on account of an antecedent debt, and thus not preferential. Accordingly, the vendor was able to keep a large portion of the payments made by the debtor during the preference period. The court reasoned that a debt to the vendor did not occur until the vendor provided the contracted services. Consequently, the payments to the vendor were for future services, not antecedent debt.
      Just like the braces and future appointments, IMO. *shrug*

      2) If anyone receives a default judgment against me, can that result in a lien on exempt equity?

      All the equity I have in the house, and the equity that my husband and I would have were we to file jointly, is exempt. Oregon is a tenancy by the entireties state. I have a little understanding of what that means, but not complete.

      Thank you.
      Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
      "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

      Comment

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