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    Question on adding creditors

    At our 341 back on March 6 we had to add 2 creditors. Paid the extra fees to attorney and to the courts to do so. Well, we just got discharged on May 7 and I just got both of the bills that were suppose to be added in the bk. I don't know what this means, the one even sent us to collections. We meet with our attorney tomorrow to sign reaffirmations on car and trailer so I will ask then. What happens if they didn't get added since we are discharged? Our attorney cashed the check almost 2 months ago.....

    #2
    When you see your Attorney ask him for proof of the filing. If your Bankruptcy was closed (not just discharged), you should have received a large packet from the Trustee and your Creditors Matrix should be in there. If you've got it, you can look and see if those 2 creditors are listed.

    If these 2 creditors are Credit Cards, probably the person who received the notices didn't forward them to the Bankruptcy Dept.

    If your Attorney wants extra money for sending them letters, don't pay him. You can send the letter, along with the CC Statement and a copy of your Bankruptcy Papers. If your case is not closed, but discharged, put a copy of the proof of filing you will get from your Attorney in the envelope. Make sure your letter includes the Case Number.

    Or you can go to Pacer to find if your Attorney did the extra filing.

    Luci
    Last edited by LuciluS; 05-10-2009, 05:19 PM. Reason: Addtl info - I can't spell worth a hoot

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      #3
      Oh one was a doctors bill over $800 and the other was a hospital bill. Funny thing is the hospital bill wasn't big and I was going to pay it but our attorney was freaking out "why would you pay it?" Now I got sent to collections!

      Comment


        #4
        Oh, I 'cringe' when I hear people are including doctors and hospital bills in their Bankruptcy as I already know the hospital I use to get the quarterly shots in my spine, will not agree to do them anymore If I include my last bill of $229.45 in our Bankruptcy.

        I see a Pain Management Doctor every month which cost me $35 a visit and he also charges me when he does the shots at the hospital. I'm afraid to ask if he will continue to see me if I bankrupt some of his bills.

        DH spent an entire week last month in the hospital. He was off work most of the month and has not gone back to driving as many miles before he was hospitalized. Insurance hasn't paid yet, so don't know how much we are going to owe. For the last 3 years, our medical and prescription bills have run at least $12,000.

        It's one of the reasons we are having to file bankruptcy. We just knew 2009 was going to be a better year - Not! I've spent $4,464 in dental bills & have my lower left back tooth cracked & pieces are embedded in my gums. Got an upper right back tooth that is cracked also. See oral surgeon Thursday. My teeth are getting horrible due to the medications (one is morphine 3 x a day) I have to take every day to have any quality of life.

        I hope the hospital and/or doctor doesn't refuse to see any one in your family. I know some doctors/hospitals require upfront large monies if you've filed Bankruptcy against them. I know, in case of an emergency, hospital can't refuse you, but it scares me one might not receive the finest quality of care.

        I know it's not right, but they aren't governed like CC Companies.

        Comment


          #5
          Originally posted by LuciluS View Post
          Oh, I 'cringe' when I hear people are including doctors and hospital bills in their Bankruptcy as I already know the hospital I use to get the quarterly shots in my spine, will not agree to do them anymore If I include my last bill of $229.45 in our Bankruptcy.

          I see a Pain Management Doctor every month which cost me $35 a visit and he also charges me when he does the shots at the hospital. I'm afraid to ask if he will continue to see me if I bankrupt some of his bills.

          DH spent an entire week last month in the hospital. He was off work most of the month and has not gone back to driving as many miles before he was hospitalized. Insurance hasn't paid yet, so don't know how much we are going to owe. For the last 3 years, our medical and prescription bills have run at least $12,000.

          It's one of the reasons we are having to file bankruptcy. We just knew 2009 was going to be a better year - Not! I've spent $4,464 in dental bills & have my lower left back tooth cracked & pieces are embedded in my gums. Got an upper right back tooth that is cracked also. See oral surgeon Thursday. My teeth are getting horrible due to the medications (one is morphine 3 x a day) I have to take every day to have any quality of life.

          I hope the hospital and/or doctor doesn't refuse to see any one in your family. I know some doctors/hospitals require upfront large monies if you've filed Bankruptcy against them. I know, in case of an emergency, hospital can't refuse you, but it scares me one might not receive the finest quality of care.

          I know it's not right, but they aren't governed like CC Companies.
          The doctor and hospital got plenty from my insurance. I will not be going back to this doctor anymore anyhow. I filed bk to start over and get a clean slate, and it was an unexpected surgery. I hope your doctor doesn't refuse to see you if you are still going to use him/her. Wonder if you can somehow ask?? And we had to include EVERYONE in our bk, but I guess you can pay them back if you chose.

          Comment


            #6
            Originally posted by dogbone33 View Post
            At our 341 back on March 6 we had to add 2 creditors. Paid the extra fees to attorney and to the courts to do so. Well, we just got discharged on May 7 and I just got both of the bills that were suppose to be added in the bk. I don't know what this means, the one even sent us to collections. We meet with our attorney tomorrow to sign reaffirmations on car and trailer so I will ask then. What happens if they didn't get added since we are discharged? Our attorney cashed the check almost 2 months ago.....
            You didn't have to spend the money all dischargeable debt is discharged in a chapter 7 no asset case. just send the creditors your case number
            Chapter 7 07/30/2008
            341 09/17/2008
            Discharge 11/21/2008

            Comment


              #7
              Originally posted by TEW View Post
              You didn't have to spend the money all dischargeable debt is discharged in a chapter 7 no asset case. just send the creditors your case number
              I would not take a chance leaving off a Creditor in the Matrix. Keepmine posted this in The News Section of this Forum. You never know when the below could happen in any State Bankruptcy Case.

              http://www.************************/...first-circuit/

              Comment


                #8
                That case is a special circumstance, the average creditor with a non-contingent, liquidated claim still gets discharged whether listed or not (unless they have grounds to object).

                Comment


                  #9
                  Originally posted by HHM View Post
                  That case is a special circumstance, the average creditor with a non-contingent, liquidated claim still gets discharged whether listed or not (unless they have grounds to object).
                  I would not take a chance leaving off a Creditor in the Matrix.

                  FYI: This is from your suggested website http://www.************************/...their-clients/Failure to list a creditor may mean that the debt owed to that creditor is not discharged.

                  Luci

                  Comment


                    #10
                    Obviously, it's not preferably to leave one off and I would not suggest intentionally doing so. The court's recognize the problem and for judicial economy, the debt is effectively discharge.

                    If you did leave off a creditor, you can reopen case, add the creditor, and then the debt is discharged.

                    Comment


                      #11
                      Yea, but whole thing was is I paid money to have them added!

                      Comment


                        #12
                        I am bringing this up again because we just got a bill 7 months later for when my son was in the hospital. We added everyone in the bk that had to do with it. It was like they were waiting for us to be discharged (which was May 7) and send us a bill from a different place but it has the dates he was in. Will this be discharged? Why the hell are we just getting this bill 7 almost 8 months later?

                        Comment


                          #13
                          Originally posted by dogbone33 View Post
                          I am bringing this up again because we just got a bill 7 months later for when my son was in the hospital. We added everyone in the bk that had to do with it. It was like they were waiting for us to be discharged (which was May 7) and send us a bill from a different place but it has the dates he was in. Will this be discharged? Why the hell are we just getting this bill 7 almost 8 months later?
                          Ask your lawyer to be sure, but if the bill is for medical services provided to your son BEFORE you filed (and it sounds like this is the case here), then this bill will also be discharged completely along with all the others, even though this specific creditor was not listed on your filing forms.
                          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                          06/01/06 - Filed Ch 13
                          06/28/06 - 341 Meeting
                          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                          10/05/06 - Hearing to resolve 2 trustee objections
                          01/24/07 - Judge dismisses mortgage company objection
                          09/27/07 - Confirmed at last!
                          06/10/11 - Trustee confirms all payments made
                          08/10/11 - DISCHARGED !

                          10/02/11 - CASE CLOSED
                          Countdown: 60 months paid, 0 months to go

                          Comment


                            #14
                            Originally posted by dogbone33 View Post
                            I am bringing this up again because we just got a bill 7 months later for when my son was in the hospital. We added everyone in the bk that had to do with it. It was like they were waiting for us to be discharged (which was May 7) and send us a bill from a different place but it has the dates he was in. Will this be discharged? Why the hell are we just getting this bill 7 almost 8 months later?
                            Here's my suggestion:

                            I know sometimes, an Attorney will charge for 'Extra Work' not included in initial contract for Chapter 7 Bankruptcy. Write a letter stating debt was 'discharged' to the most recent statement address & carbon copy to the other address. Make a copy of your discharge papers & copy of both statements. Staple your letter to your copy of the Discharge & copy of statements. Mail to both addresses.

                            BigBoy2U posted in 'Collections' section for a total of $1.24 (which includes postage), you can go to the US Post Office & ask for such to be sent 'Proof of Delivery'. You will be notified by the US Post Office of the date & time of delivery. Keep all information with your Discharge Papers.

                            If you need assistance with 'wording' of your letter, I'm sure a New Thread made in the 'Collections' section, you will receive lots of help. Several of them have excellent writing skills

                            It's been so long ago I sent more than 2 or 3 pages in same envelope, I don't recall how many 8 1/2 X 11 sheets of paper can be mailed for $.44. I would have the Post Office weigh your envelope so it will not be returned for additional postage.


                            Luci

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