Proof of Claim

[Dj1995]

When a creditor files proof of claim, where does the amount they are filing come from? I had all of my current statements on the date of filing, but one of the claims came in higher than what was listed on my statement. Is this normal? Can they add late fees, etc. after you have filed? I also have 1 hospital who is still trying to collect - and say they are turning me over to collections. They said I must fax them info? I forwarded this info on to the attorney, but I thought once you filed, all you were required to give them was your BK number.

[lrprn]

When a creditor files proof of claim, where does the amount they are filing come from?

The claim amount that's filed from a creditor comes from what their accounts say you owe them on filing day. Some creditors charge interest daily, some monthly. A daily-interest-charging creditor will file a claim that's higher than what you received on your last bill before filing because they could be adding up to 29 days of daily interest depending on when you file.

Can they add late fees, etc. after you have filed?

Nope. Everything stops on filing day. However, if the creditor charged you a late fee one day before your filed, they can add that onto their claim because the late fee is pre-filing.

I also have 1 hospital who is still trying to collect - and say they are turning me over to collections. They said I must fax them info?

If the debt the hospital is trying to collect was created *before* you filed and the hospital was included on your creditors list when you filed, then let your lawyer know about this immediately. The hospital is violating your automatic stay to contact you in any way asking you to pay a debt you owed them before filing.

However, if the debt the hospital is trying to collect was created *after filing*, then you do owe that debt and the hospital has every right to try and collect it.

I forwarded this info on to the attorney, but I thought once you filed, all you were required to give them was your BK number.

You are right. That's all you are required to give a creditor after filing UNLESS the debt was created *after* you filed. That debt you do owe to the creditor and you must find a way to pay it.