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Emergency dental work for debtor in CH 13 - approx. $7,50=
This sounds like a clear medical emergency. Debtor should do the procedures NOW and get permission/MOMOD after the fact. Believe it or not, common sense usually prevails in bk law. I do not believe anyone (judge, Te) will object to the debtor getting treatment before receiving court permission. A MOMOD is quite feasible under these circumstances.
Sincerely,
Tyson M. Takeuchi, Esq.
Tyson M. Takeuchi
Certified
Bankruptcy Specialist*^
Law Offices of Tyson M. Takeuchi
1100
Wilshire Blvd., Ste. 2606
Los Angeles, CA 90017
tel: (213)
637-1866
fax: (866) 481-3236
*By State Bar of California Board of
Legal Specialization
^Consumer Bankruptcy Specialist Certified by
American Board of Certification
To: cdcbaa@yahoogroups.com; BK@mail.nacba.org
Date: Mon, 25 Jun 2012 23:03:32 -0700
Subject: [cdcbaa] Emergency dental work for debtor in CH 13 - approx. $7,500 - $12K - court approval question
Debtor needs root canals and extractions ASAP. The estimate is $7,500 - $12,000. He's on pain meds now pending the operations. Debtor wants to reduce his plan payments so he can pay for this. Plan is currently a 45% plan. Do I need to file an emergency motion for authority to incur debt and an emergency motion to modify or suspend plan payments? Or, is this something he can go ahead and do without court permission since it is in the nature of emergency medical?
Thank you for your guidance on substance and procedure.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
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