Question:
Lawyers and Surgeons: Do I really have to wait until my bankruptcy is discharged??

In February of this year I was APPROVED for surgery by my Insurance company... at the same time, I was filing for bankruptcy. Well, I HAD to tell my lawyer every bill that I owed money on, which included a bill for the center for the first visit, which included labs and the pysch. and all that. So, he HAD to add the center to the bankruptcy papers for that one bill. Well, the surgery center found out they were on there for the bill and said that they cannot and will not do surgery on me until my bankruptcy is discharged because they claim they will not get paid while the bankruptcy is not discharged. Does anyone know if this is true??? I have since then PAID out of pocket for that first bill, instead of letting it be waived by the bankruptcy. And they STILL claim I have to wait. Can anyone give me any info on this? Should I keep on waiting or should I try to find a new surgeon and start over?? I am an insured that is covered for this surgery and approved and yet I'm still waiting.... can anyone help?    — sibarra (posted on August 6, 2003)

August 6, 2003
Sarah - I work for a surgeons office that does RNY as well. I can tell you that our office's policy is that if you have any previous outstanding balances you must pay them in full prior to starting the program. When we have patients the file for bankruptcy and they come back while still "in" bankruptcy, then we consider them as self pay and they must pay up front regardless if they have insurance or not. An idea might be to ask them, and if you can come up with some money, and pay up front or what your expected responsibility is. If they still say no, you may have to locate another surgeon. Good luck! Let me know if I can help at all!
   — Ashley S.

August 6, 2003
**Disclaimer -- I am not a lawyer** but I do work in the court system, and I THINK that what you are being told is correct for this reason: during a bankruptcy, someone you owe a debt to may have their debt discharged even if they are not included and listed on your bankruptcy paperwork if you have no assets that can be seized (meaning there is nothing they can take from you and sell and split the money amongst the people you owe. If there is nothing to be had, then technically later any debt from the time of your bankruptcy can be "included" in the bankruptcy due to the fact that the person owed that debt didn't lose anything because you had nothing to sell anyway. Sorry if that sounds terribly confusing, after I read it back I'm not sure if it makes sense and I'm the one who wrote it! I would suggest that you discuss it with you bankruptcy attorney, and if you were willing to self-pay for the moment I don't see why the doc's office wouldn't let you work toward surgery. They may just make you wait for the surgery because not many people can self-pay for the actual surgery. Good luck!
   — beeda