Can we add more medical bills to our chapter 13 after we filed

Asked over 1 year ago - Fort Collins, CO

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.....

Attorney answers (6)

  1. Thomas A McAvity

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    Contributor Level 14

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    Answered . 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.... more
  2. Paul M. Gaide

    Contributor Level 10

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    Answered . Dear Fort Collins:

    The counsel who have answered your question have provided you with solid information.

    Your counsel should timely respond to your query.

    Good luck.

  3. Hermin A. Dowe

    Contributor Level 13

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    Answered . 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... more
  4. Ashley Anne Digiulio

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    Contributor Level 16

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    Answered . 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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    770-309-9551

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    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more
  5. Howard Aaron Lazarus

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    Contributor Level 17

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    Answered . 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.
  6. Lois R Beasley-Carlisle

    Pro

    Contributor Level 10

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    Answered . 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... more

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