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Need minor medical proceedure..before or after BK

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    Need minor medical proceedure..before or after BK

    I have a minor medical issue(specifically breathing issues) that I would like to resolve(not it's 100% not cosmetic in anyway) but currently no job/insurance/money..job on the horizon but insurance would be at best 6months to a year away, and there is no telling how the quality will be anyway. The cost should be 2,000-2,500, maybe less, but not 100% sure never had a serious consultation due to lack of funds. This is of course after finding a doctor, and somehow getting the procedure done without paying in advance.


    I see a lot of people discharge their medical bills in BK, I amif I should consider trying to have this procedure done prior to BK. Rationally I know I won't be able to pay this off( already too much CC debt) even with a job, but I am not sure if that is actually fraud or since this is a semi-necessity, if it wouldn't be considered as such.

    #2
    Originally posted by raykinder View Post
    I see a lot of people discharge their medical bills in BK, I amif I should consider trying to have this procedure done prior to BK. Rationally I know I won't be able to pay this off( already too much CC debt) even with a job, but I am not sure if that is actually fraud or since this is a semi-necessity, if it wouldn't be considered as such.
    I'm a nurse, and you will not find a competent surgeon willing to do the procedure with no insurance, no current income to pay for it, and no ability to put money down to cover the total costs of the surgery ahead of time.

    Since you've been living with the condition for a while, even though it's not cosmetic, it's also not an emergency procedure that would bypass the need for upfront money.

    I'm also obligated to point out that if you do find a way to have the surgery done before filing, you already hinted that you want to have the surgery before filing to have the costs wiped out in full afterwards. This fits within the definition of filing in bad faith, especially if you file close to the non-emergency procedure being done.

    Currently since you have no job and no assets of interest, this may not be the best time to pull the Ch 7 bankruptcy trigger anyway. Wait until you find a job and then file. Then after your 7 is discharged, save up the money for the surgery and have it done then.
    Last edited by lrprn; 02-20-2010, 07:05 PM.
    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

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