Can I get a breast job before I file bankruptcy?

Yes.  I think that’s a great idea!

Seriously, I have been asked this question at least 50 times over the last 7 years or so.  However, there are some considerations in timing the breast job or breast augmentation.  Primarily, how will it affect your bankruptcy?  breastjob and bankruptcy

First, it may help in your meeting with the trustee.  There is at least one bankruptcy trustee in the state who will be so mesmerized by you, that your 341 Meeting of Creditors will go smoothly.  No, I’m not joking.  And yes, I know, men are pigs, but it’s true.

Second, if you finance the breast job through the plastic surgeon, or care credit, or put it on a credit card, and then go bankrupt a month later, there is a good chance that this creditor will sue you and make you pay those monies back.  Credit purchases within 90 days of bankruptcy may result in an adversary proceeding (bankruptcy lawsuit) for nondischargeability, which means that you have to pay that money back.  Even worse, if you get the breast job contemplating bankruptcy, you are planning on defrauding a creditor, which is very, very different morally than going bankrupt on a surprise $30,000 medical bill which hit you after you lost your job.

Third, the doctor will probably refuse to see you for any follow-up visits unless you agree to repay the financed debt.  He can’t make you pay him back, but he can refuse to see you unless you pay him back.

Fourth, the new breasts may be secured collateral!  About 6 years back, I had an exotic dancer in my office.  She had had some work done which made her look structurally unstable, like she would fall over at any minute.  Her surgeon had told her that the new breasts were secured collateral, same as a financed car or an entertainment center you buy from R.C. Willey.  In all sincerity, she cupped her secured collateral and asked me if the doctor could repossess them if she refused to pay on the loan.  For some reason I became a little dizzy and tongue-tied.  I waffled with an attorney answer saying that I’d need to see the contract, but honestly, if they were secured, technically, he could take them back.  In reality, this would never happen, and I don’t think he could get a court order to remove them.

Fifth, it may be a great idea (or a horrible one) to use your tax refund to finance them.  In a chapter 7, I have had MANY clients who have used part of their tax refund to pay for a breast job before they filed bankruptcy.  In a chapter 13, I don’t know whether or not the trustee would object to the work as an unnecessary expense for luxury collateral.

Sixth, you may be able to work the breast job into your divorce decree.  I had a client a few years back who paid for his soon-to-be-ex-wife’s bankruptcy.  He had also agreed to pay for a breast job for her prior to the divorce to “help her on the dating scene.”  It sounds strange, I know, but it was part of the agreement they worked out.  He did pay for the bankruptcy (and has sent me many other clients since then), and she did get the work done (and it turned out very well).

This is an honest question, and it deserves an honest answer.  I see no problem with getting the work done, but you need to consider the creditor and its effect on your bankruptcy.