Collections after discharge

[mdo23]

My Ch 7 was discharged on 1/31/07. My wife took the kids to the dr. for there check-ups and before they would see them, they had to see my wife in the billing office. It turns out that the clinic has some bills that were prior bk (2005 to be exact). They want to setup a payment arrangement to pay thoes bills back. Is there anyway I can get these bills included in the bk even though it has been discharged?

[poorme]

My Ch 7 was discharged on 1/31/07. My wife took the kids to the dr. for there check-ups and before they would see them, they had to see my wife in the billing office. It turns out that the clinic has some bills that were prior bk (2005 to be exact). They want to setup a payment arrangement to pay thoes bills back. Is there anyway I can get these bills included in the bk even though it has been discharged?

Most likely, they already are. MOST bk court jurisdictions have a policy that IF the debt existed when the discharge was provided - it's included in the discharge, even though it wasn't listed on the creditor matrix. Look at your discharge letter, probably on the back of it. I've had a bunch like this and as soon as I provide a copy of the dc letter - bang! it goes away!

Here's the text from my dc letter - then it goes on to list the types of debt NOT dischargeable...
"Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged.
Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this
case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to
debts owed when the bankruptcy case was converted.)

Otherwise, you could petition your court to reopen your case to include the omitted creditor, but if you were a no asset case, there's nothing for them to get anyway.

[mdo23]

Thanks for the info. I'll lookin into it for my district more, my case just closed this week actually. What would be the process if the court required me to reopen the case to add them to the bk? BTW... it was a no asset case.

[poorme]

If you have access to PACER, you should be able to see your discharge letter/order online. If you have to reopen, call and ask the clerk - there's probably a fee. Definitely a form, did you use an attorney or pro se? But check w/ your bk clerk first. Most judges don't like reopening cases unless there's a major reason to do so - and could raise the question "what else did you leave out?"

[keepmine]

One thing to consider. If you do get these bills discharged, the medical facility is within there rights to deny further services to you and your family. They can't ask for payment but, they no longer have to provide health care either. If you like this doctor, you may well need to pay them.

[Spartan]

The unlisted unsecured debts are considered discharged in a no-asset Ch7. If it was an asset case, the creditor can successfully claim that had the creditor being duely notified, the creditor would have been able to contest the discharge. Thus, if your Ch7 is a no asset case, then the debt is discharged. But, they can refuse to provide your new service, other than in an emergency life and death situation.

[mdo23]

The unlisted unsecured debts are considered discharged in a no-asset Ch7. If it was an asset case, the creditor can successfully claim that had the creditor being duely notified, the creditor would have been able to contest the discharge. Thus, if your Ch7 is a no asset case, then the debt is discharged. But, they can refuse to provide your new service, other than in an emergency life and death situation.

My case was a no asset case. I didn't have any records of the debt at the time I filed my schedule (filed pro se). So basically if someone comes to me saying that I owe them money and it was pre bk, all I would have to do is serve them with a copy of my discharge letter? Would I have to notify the court or anything when I do this?

[keepmine]

You should speak with a bk lawyer and find out what the pratice is in your district.

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

[Spartan]

My case was a no asset case. I didn't have any records of the debt at the time I filed my schedule (filed pro se). So basically if someone comes to me saying that I owe them money and it was pre bk, all I would have to do is serve them with a copy of my discharge letter? Would I have to notify the court or anything when I do this?

In my state MN, my attorney says to send them a copy of the discharge letter and that will be the end of it. You don't need to notify the court, unless the creditor does not cease and decease, and continue to attempt to collect.

[lrprn]

Whether an unlisted debt on your original filing will be considered discharged or not depends on whether your state is following the lead of several bk court cases where the bk judge ruled that any debt that would have been discharged in the original Ch 7 bk will be considered discharged as well even if the creditor was not listed on the original creditor list (unless there's a strong suspicion of fraud or bad faith).

Which state did you file bk in?

[mdo23]

Which state did you file bk in?

I filed in West Virginia

Southern District of WV to be exact.