question about future car repairs/maintenance and medical bills

[xraya]

I will be filing either a Chp 7 or 13 in the next few months. Not sure which yet, as I'm close to the median income and could possibly have some DMI that a trustee would want to take.

I desperately need new tires on my car. In fact, I will have to get them before July regardless so that I can pass inspection. I also need to get the brakes done and probably some new belts in the future (the car is 4 years old and has 80K miles). So if I do these repairs, or some of them at least, before I file, will that be a problem? If I end up in a chp 13, will I be able to budget for these repairs in my plan?

I also need to get some dental work done in the very near future. I have insurance but I really think the work I need done will exceed the yearly limit. My fiance and I are also trying to have a baby and will most likely need fertility treatments. Again, my insurance will cover most of the treatment, but we will definitely have our out-of-pocket max of $1250 to pay.

Would the fact that I will have these bills in the future help me on my schedule J and keep me out of a 13?

[justbroke]

You should be taking care of yourself and your family. Normal living expenses are perfectly fine to incur! Keeping the car running, so that you can work or care for dependents, is perfectly fine! Going out on a shopping spree to Neiman Marcus before filing... not a good idea.

I hope that my examples illustrate the point. Reasonable medical care, which is not cosmetic, is also perfect fine. Fertility treatments can be VERY EXPENSIVE and could actually put you in a worse place. I am glad that your medical insurance covers a reasonable amount of these.

(In a Chapter 13, you can usually get a $200 vehicle allowance for a car that is more than 6 years old or has over 70,000 miles on it. That should help with monthly repairs. This is for a vehicle that is owned outright - no loan. You should make sure your attorney is aware of the $200 allowance for these older unencumbered vehicles.)

[xraya]

oh, I should add that I do still have a loan on the car. My monthly payment is $439 and I have 2 years left on the note. We are very lucky to live in a state that mandates fertility treatment coverage. Otherwise, I don't think we would be able to afford it.