We are currently making payments on a chapter 13. We have been for 2 years. We incured some medical bills after we filed. We cant afford to pay the bills. We got a letter that looks like our check will be garnished due to this. Can we add these medical bills to our bankruptcy. I sent a email to our attorney and im waiting a response but im anxious to find out asap as our its very important to us to protect our credit and obided by the courts. We have and will continue to pay our bills on time but we cant afford these medical bills. Help.....
You cannot add the medical bills to your current Chapter 13 case. If the medical bills are too burdensome you may want to discuss dismissing and refiling your current Chapter 13 case, or checking on your eligibility for conversion which would enable you to add the new medical debts. Failing either of these options, you may want to discuss amending your current Chapter 13 Plan to account for the new unavoidable expense.
Your attorney is the only one who can really give you a meaningful answer as he/she is the only one who would be able to intelligently answer whether conversion, amendment or refile is your best option. Good luck.
Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all. This communication does not in any way create an attorney client relationship.
7 lawyers agree
The short answer is no. Your options however, will depend on your current circumstances. Although it may be stressful for you to wait on your attorney for a plan , he/she is the best person to answer this question as they are familiar with your case.
Remember that on this forum attorneys try to answer your questions with limited facts available to them. My answer should in no way be considered legal advice. No attorney client relationship has been formed by any answer give here.
Divorce / Separation Lawyer
You can only add bills for services received before the filing date of your case. The only option is to let your case get dismissed and refile adding the new bills.
The DiGiulio Law Firm, LLC.
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Chapter 7 Bankruptcy Attorney
I agree with Mr. McAvity. You should check with your attorney which option is best: amending the current plan, refiling a Chapter 13 petition or conversion to Chapter Seven.
This answer does not create an attorney-client relationship.
If you are paying 100% of your debt back your medical creditors may well agree to allow you to add their bills into your current chapter 13. It might increase the payment. Go talk to your attorney and take the bills with you. The other comments made may well have to be a path for you to take as well, like dismissing and refiling or converting to a chapter 7 if the bills are just to hard or if you are in less than a 100% repayment plan.
There are many factors that can affect how best to handle this matter and the best advise is to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need.