Medical Collections not listed in Creditor Matrix

[2ndChanceTx]

I filed Chapter13 in June 2005, at some point after that two medical collections with DOLA in 2002 & 2003 showed up on my credit report. Will these two debts be discharged when I complete my 13 in two months? I am just trying to figure out if I need to do a PFD once the 13 discharges or just let them age off. I need to know what there status would be as well, so that I can have them reflect correctly on my credit report, would they be zero due?

Thanks

[rrockinggramma]

was the original creditor listed? I believe they would be discharged because they are pre petition however if the original creditor was not listed, they could argue that they were not notified in time to file a claim. But I would definitely just send them a copy of your discharge paperwork and let them know that they cannot collect on this debt and see what happens. I bet they go away.

[2ndChanceTx]

The original creditors were not listed in the creditor matrix because I was not aware of the debt. The debt showed up on my credit report after I filed. I went through a divorce and had not been living at the address where the bills came for about a year.

My big question is if push comes to shove, would I owe the debt or does it discharge? I wouldnt mind doing a PFD to get them completely off the reports...

[rrockinggramma]

well I would definitely try to claim them as discharged as they were prepetition. I know in chapter 7 cases, even if the creditor is not listed, the debt is still discharged. So I would just tell them, here are my discharge papers and please reflect as discharged on my credit report.

[lrprn]

The original creditors were not listed in the creditor matrix because I was not aware of the debt. ... My big question is if push comes to shove, would I owe the debt or does it discharge? I wouldnt mind doing a PFD to get them completely off the reports...

In Ch 13 all creditors must get a chance to respond to your filing with a claim. It doesn't work like Ch 7 where if a creditor is accidentally not included in the original filing, what you owe them is still considered discharged.

Since these two creditors were never given the opportunity to file claims, you have two choices.

1. Call your lawyer and tell him these two creditors were not listed in your original filing. It may cost you to amend your filing to include them, and they get 90 days to respond just as if you had included them in the first place. Since medical bills are unsecured, it shouldn't change your monthly payment - just lowers your payback % if one or both file claims or if you are currently in a 100% payback, it could extend the number of months your plan continues up to a maximum of 60 months.

2. If the medical bills are small and something you can pay off by the end of your Ch 13 without putting your finances at risk, you could decide to go that route and not amend your filing to include them. (Unlikely given they are medical bills, but it is an option.)

Ask your lawyer which is the best choice in your case.