Legal Question in Bankruptcy in New York
lose dentist?
I have $50,000 debt to about 30 creditors. I owe my dentist $4,000 and want to keep paying him $200 month as I always do. Will he end up with a bankruptcy notice and think I'm not going to pay him? How do I continue paying and seeing my dentist? Thanks!
1 Answer from Attorneys
Re: lose dentist?
When filing for bankruptcy, a debtor is obligated to list all creditors. You cannot omit certain creditors that you wish to keep paying. However, if filing a Chapter 7 bankruptcy, you may usually pay whatever debts you wish after you file (as long as it is not with funds that must be turned over to the bankruptcy trustee). Your dentist will get a notice of your filing and you will be discharged from your obligation to pay. You can let your dentist know that you intend on paying your debt to him or her.
If you have paid your dentist more than $600 in the ninety days prior to filing for bankruptcy, you will have to disclose the amount of payments. A bankruptcy trustee can void preferential payments to creditors that are made in the ninety days prior to filing. If you were paying $200 per month, then this will not be a problem.