Creditor Issue

[bling32]

I have a dental claim that I included in my plan for $234.00. The bill was turned over to a collection agency. I notified the collection agency that I filed 13 and paid to have them added to my plan before the confirmation. The judge extended date for claims to allow them to file a claim. The collection agency did not file a claim. Now, the dental office is still billing me. What should I do?

[catleg]

Short answer: Get your lawyer to send them a warning shot then sue for violating the automatic stay.

Longer answer: the collection agency punted it back to the dental office which seems to be blissfully unaware that they should have filed a claim. I believe it may be possible for you (or your lawyer) to file a
claim on their behalf. You might investigate that idea.

[frogger]

Or, you might just tell them to pound sand. They were listed, they dropped the ball, too bad........

[catleg]

Depends if you like the dentist I guess...if not, find another jawbreaker.

[bling32]

I called the creditor today and explained that I filed chapter 13 and I listed the collection agency on my plan since the account was turn over to collections. I was told that they will continue to send me a monthly bill until it is paid in full. I did not try to explain it to her but I will have to contact my attorney.

[lillymarlene]

I had listed my dentist on my matrix, and the very next day after I filed I got a call from a CA that he'd turned my account over to. It was like we'd "crossed in the mail." I had been with him for over 20 years, but after that I felt it was time to find a new dentist.

[lrprn]

I called the creditor today and explained that I filed chapter 13 and I listed the collection agency on my plan since the account was turn over to collections. I was told that they will continue to send me a monthly bill until it is paid in full.

Be sure to keep every one of the bills that they send you. Each one can mean $1000 if you and your lawyer decide to pursue these flagrant violations of your automatic stay legally through your local bk court. Bk court judges very much dislike creditors that deliberately continue to violate the court's automatic stay.

I did not try to explain it to her but I will have to contact my attorney.

Contact your lawyer right away and let him know about this conversation so he/she can send this creditor a stern letter explaining the severe consequences for the dental office if they continue to ask for payment on a debt included in a filed bankruptcy case. That's what you are paying your lawyer to do for you.

[IamOld]

lrpn is right - that is a WILLFUL and KNOWNING stay violation!!! As lrpn said, your atty may wait for a few statements to accumulate...

[bling32]

Thanks everyone! I will follow up with my attorney.