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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38507
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Im filing Chap. 13. Retained an attorney & am filling out

Resolved Question:

I'm filing Chap. 13. Retained an attorney & am filling out the paperwork now. Live in Kansas after struggling terribly in Michigan for 5yrs. Doing ok now, better than in MI by far, but still have nothing. We have finally gotten our 13yo son in for much needed dental work (braces), & owe the dentist about 2,200. The dentist sees him continuously-the full fee that we are still paying on, covers all on-going care. A great dentist, we want to pay him & keep our son in his care, but I'm being told that we have to list the dentist as a creditor & that we can not pay him outside of the Chapter 13- that if we do pay him, our whole case can/will be thrown out. My question is-during the 5yr payment plan, does the trustee ever see the balance owed on any of the debts listed? In other words, if we paid the dentist outside of the bankruptcy, is there any way the trustee would see the balance coming down on that debt and thus know we've been paying the dentist?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

You can't be "sneaky," if you want to make the bankruptcy work. You can reaffirm the debt to the dentist, by entering into a reaffirmation agreement with the court's approval.


This may make it more difficult to get the Chapter 13 plan confirmed, because the trustee or some other creditor may argue that you are directing too much of your disposible income to a single creditor.


But, that's up to the trustee and your bankruptcy attorney to try to work out.


Hope this helps.


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