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    Unforseen expenses

    I am wondering what will happen if I file for Chapter 13 and am in a three year plan and something happens to my health or if I get into an accident and all of a sudden have enormous medical bills during this time?

    I don't have health insurance at the moment so if something happens I'm pretty much at the mercy of the emergency room. This would be the only unforseen expense that I can think of that I would not be able to control.

    Are you just then stuck with those bills? I don't plan on becoming ill and hopefully will get hired permanantly soon so I will be able to have insurance but I should probably find out what would happen if that should happen.

    I make "just enough" to qualify for state health insurance at the highest premium amount at $179/month but that would leave me with no DMI and I would not be able to file for C-13.
    Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

    #2
    Since you are under median, you could dismiss your ch.13 and then re-file as a ch.7 and include the new medical bills in that filing.
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

    Comment


      #3
      I so understand about health insurance. Wish we could get some for 179/mo thru the state! Sadly, not an option here in NJ. Paying premiums is the #1 reason we are in this boat. We went back to school to get something affordable-- paid the tuition, now need the money to buy the insurance, then save up the money to file-- could wind up here again next fall in the same position.

      But you at least have the option of converting, so that is great advice! Good luck, hope you get that permanent position- and-- stay healthy

      Comment


        #4
        Originally posted by momofthree View Post
        Since you are under median, you could dismiss your ch.13 and then re-file as a ch.7 and include the new medical bills in that filing.
        If you convert to Chapter 7... there is no need for a dismissal. In a conversion of a Chapter 13 case to a case under Chapter 7, you get to include NEW DEBT incurred between filing the Chapter 13 and the actual conversion to Chapter 7. (I call that... the conversion bonus!)

        Plus you only pay the $15 conversion fee -- if you filed pro se. If you dismiss and refile, you need to pay $299 for the filing fee -- if you filed pro se.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          I think I would have to dismiss because the original C-13 will be 1 year from qualifying for a C-7. If I am understanding it right I can't convert as they go from the date I filed. The attorney said I couldn't convert.
          Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

          Comment


            #6
            There are some cases where conversion is possible without having originally qualified, but it is certainly easier to just dismiss and then refile in most cases.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Originally posted by mountanddo View Post
              I am wondering what will happen if I file for Chapter 13 and am in a three year plan and something happens to my health or if I get into an accident and all of a sudden have enormous medical bills during this time?

              I don't have health insurance at the moment so if something happens I'm pretty much at the mercy of the emergency room. This would be the only unforseen expense that I can think of that I would not be able to control.

              Are you just then stuck with those bills? I don't plan on becoming ill and hopefully will get hired permanantly soon so I will be able to have insurance but I should probably find out what would happen if that should happen.

              I make "just enough" to qualify for state health insurance at the highest premium amount at $179/month but that would leave me with no DMI and I would not be able to file for C-13.
              I am curious why you want to file CH13 if with health insurance you would have no DMI? Why not just file a 7 and be done with it? Or did I miss something since you seem to have an attorney? Just curious.
              Filed CH 7 4/15/11
              341 5/23/11
              DISCHARGED & CLOSED ON 7/27/11

              Comment


                #8
                Originally posted by sunshinepa View Post
                I am curious why you want to file CH13 if with health insurance you would have no DMI? Why not just file a 7 and be done with it? Or did I miss something since you seem to have an attorney? Just curious.

                I *think* (if I am recalling correctly) the OP has a possible garnishment issue and it hasn't been 8 years since her last Ch 7 was filed.
                ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                Not an attorney - just an opinionated woman.

                Comment


                  #9
                  Ahhhhh, thanks Valley, thought something might be causing but didn't recall any related posts. Of course, still in "vacation mode" from the month of August....LOL.
                  Filed CH 7 4/15/11
                  341 5/23/11
                  DISCHARGED & CLOSED ON 7/27/11

                  Comment


                    #10
                    Originally posted by sunshinepa View Post
                    I am curious why you want to file CH13 if with health insurance you would have no DMI? Why not just file a 7 and be done with it? Or did I miss something since you seem to have an attorney? Just curious.
                    I filed C-7 7 years ago and am facing a 25% garnishment. I can't wait a year to become eligible for another C-7.
                    Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

                    Comment

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