I have a friend who's attorney just filed BK for her last Friday. Over the weekend, she was admitted to the hospital and diagnosed with blood clots in her lungs. She has no insurance and is now probably looking at a huge hospital bill as she's been in ICU for the past 48 hours. Is there any way that she can cancel the filing so that these hospital bills can be included in her BK?
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Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
Who it was we were below, where we've been and where we go
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Is it a CH7 or a CH13?
From what I have read, a CH7 takes on a life of its own after filing, and is almost impossible to dismiss. A CH13 can be a little more flexible. But your friend needs to talk with her attorney ASAP....
Good wishes... I hope and pray it will all work out favorably."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed." -
Maybe not showing up for the 341 might get it dismissed. But your friend is better off consulting with her attorney to see if dismissing the current case is even a possibility once the emergency has passed and she is on the road to recovery.Comment
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It is my understanding--and I could be wrong--if the Ch7 is dismissed for not showing up, and she wants to refile, she cannot include the debts from her original filing. As I say, I could be wrong, and for the friend's sake, I hope I am. I am not where I can do research right now."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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Cat and OP,
In situations like this, and so long as my client will qualify under means testing for case #2, I would advise my client not to show up to the 341. Eventually the case will be dismissed for failure to appear - assuming there are no major assets for the Trustee to get his grubby hands on. Depending upon the Trustee and my relationship with him/her I might even give him/her a heads up on what we were doing. Once dismissed I would have my client wait until all medical treatment was over and then file case #2. There is no issue with filing the 2nd case so long as you "qualify".
The only additional work for the attny (other than updating schedules) would be seeking an extension of the automatic stay beyond 30 days due to the “serial” filings. Again, not a big deal as the "changed circumstance" is the inclusion of the additional major medical bills. Even had a case just like this not too long ago. When I went to the hearing I told the judge exactly what had happened and why we let case #1 go (most of this was explained in the motion). She absolutely understood and shook her head in approval as she granted the extension of the stay.
Have your friend discuss this with the attny.
Des.Comment
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Mrs. 'Cat is right "if" the case is dismissed with prejudice. It's that "prejudice" which would make all the debts non-dischargeable in any future case.
Now, your friend may contact her attorney and say that a medical condition has arisen and that she can't attend the 341 Meeting. Perhaps the case will dismiss without prejudice. (I really haven't read too many cases, hardly any, where the case was dismissed "with" prejudice for failure to attend the 341 Meeting. However, you can't just "dismiss" a Chapter 7 voluntarily. The Trustee may decide to still liquidate the Estate, if there are some nice non-exempt assets .)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
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Des is too fast!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
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Thank you all for the quick responses. I'm not sure what she filed but will be seeing her after work so l know more hen & at least be able to show her this thread!!Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
Who it was we were below, where we've been and where we go
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Wish her well for us, but make sure she pays special attention to Des wrote!
"To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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I can't answer that question for you but I did want you to tell her that I had a blood clot in my lung and I know what she is going through! It was very scary for me and very painful and quite a shock as I had never had blood clots before and at the time was only 30 years old. To think that it could have taken my life was just crazy...but I am fine now and I had a 5 day hospital stay---several years have passed and I've had no problems since that time!
I wish her the best and a speedy recovery and I hope everything with her BK works out.Comment
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Thank you, I hooked her up with this site while she's in ICU with nothing to do!Originally posted by hmsmith View PostFiled Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
Who it was we were below, where we've been and where we go
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And the Republicans say that the American heath care system is the "best in the world" - right ...Comment
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This is not a political thread. Any such comments belong in the General Talk section. Thank you.Originally posted by joshuagraham View Post"To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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