Last minute ER visit

[sickandtired8]

We had to take our little girl to the ER the day we filed...will that be included in BK? Do I specifically have to list this hospital visit since they are already listed on the BK in order for BK to cover it? Thanks! S&T

[familyof7]

If they are already listed on the bk as a creditor they will probally wipe it clean when they get the notice of filing since technically it is from the day you file back but it can also be challenged because it happened after you filed but in the same day but I personally think they are not going to chalenge it and just wipe it clean. Just give them a call in about a week or so and say I filed bk and wanted to find out if that filing has been reflected on my account you should find out then.

[sickandtired8]

If they are already listed on the bk as a creditor they will probally wipe it clean when they get the notice of filing since technically it is from the day you file back but it can also be challenged because it happened after you filed but in the same day but I personally think they are not going to chalenge it and just wipe it clean. Just give them a call in about a week or so and say I filed bk and wanted to find out if that filing has been reflected on my account you should find out then.

Thanks for your reply! S&T

[lrprn]

S&T, have you talked about this situation with your lawyer?

I researched online for the last half hour and I can't find any examples of how debts incurred on the day of Ch 13 filing are treated by the courts. Assuming anything in this situation could be risky.

Most bankruptcy lawyers will want to contact the hospital themselves rather than you doing it. That's especially true in a potentially touchy situation like this one. If you hired a lawyer, that's always the first place to start - let them do what you hired them to do.

[alh]

what time of day did the ER visit and the filing occur. Were you in the ER before the actual time of the filing

[sickandtired8]

Hey

what time of day did the ER visit and the filing occur. Were you in the ER before the actual time of the filing

The ER visit was around 8pm...not sure what time of day the lawyer did the filing. I am waiting for more dr bills to come in. They told me to get them all together and they would charge $126 to add anyone ....but wait until they all came in so it would be one charge and not many charges. S&T

[familyof7]

126 or26 in gA it is 26

[lrprn]

126 or26 in gA it is 26

Fo7, the extra $100on top of the standard $26 might be the lawyer's fee for putting the "adding a creditor" paperwork together for the court. Some lawyer agreements state that adding creditors after filing is considered extra beyond the normal filing fee. Maybe that's the case here? (But am just guessing.)

[sickandtired8]

126 or26 in gA it is 26

One hundred tenty six dollars. S&T

[sickandtired8]

S&T, have you talked about this situation with your lawyer?

I researched online for the last half hour and I can't find any examples of how debts incurred on the day of Ch 13 filing are treated by the courts. Assuming anything in this situation could be risky.

Most bankruptcy lawyers will want to contact the hospital themselves rather than you doing it. That's especially true in a potentially touchy situation like this one. If you hired a lawyer, that's always the first place to start - let them do what you hired them to do.

That is sooo nice of you to check this out for me! I really appreciate that. I will let you know if they include it or not. Fingers crossed that they do! SandT