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    #1

    a weird situation

    just before christmas, I got a check for close to 700 dollars from my health insurance company. My son had to have surgery earlier in the summer. I remember I had paid a deductible of 600 with a credit card.

    So, a couple days ago, I get a call from the surgical company saying that they know we cashed the check, and that they want the money back. The check was written to me, so I cashed it. This company IS on my discharged bankruptcy.

    Do I have to send the money back?
    Tags: None
    #2
    That is a tough one. It wasn't a debt you owed at the time of filing BK, so I don't think the BK plays any part. (If you had cashed it before filing-different story.) What answer did they give for why they sent it in the first place?
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment

      #3
      Originally posted by accentone
      just before christmas, I got a check for close to 700 dollars from my health insurance company. My son had to have surgery earlier in the summer. I remember I had paid a deductible of 600 with a credit card.

      So, a couple days ago, I get a call from the surgical company saying that they know we cashed the check, and that they want the money back. The check was written to me, so I cashed it. This company IS on my discharged bankruptcy.

      Do I have to send the money back?

      That is an interesting question. Did you file before you got the check or afterward?...

      It may have been an accounting error on their part, but if such, the money probably would have to be refunded...

      Your lawyer might have a better thought about this...

      Comment

        #4
        I would say no....don't sent it back....ANY debt you have with them, is a debt....they can just add the $600 to their amount you owe!...

        What if they had asked for the money back earier? you would stuill have them on your case, so I THINK it should be no different, I would ask a lawyer.

        we had all our info into the lawyer on 9/20/05, we used the ER of a hospital that was on our file on 9/25/05. We filed on 9/29/05. Once the insurance paid their part, I got a bill for the remainder, I called them and said that balance is on our BK case. They said oh ok...and that was it.

        lets us know what they say.

        pink-amulet

        Comment

          #5
          tell them to send you a bill and that you are in bankruptcy. show the bill to your attorney and see what he says.

          make sure they know you are in bankruptcy proceedings. becareful as this may end up not being able to be included and you will get a negative report on your credit history.

          my caution would be that anything initiated and thus owed after you filed the petetion cant be included in the bk. also, just because they sent you the check doesnt mean that you dont owe it back to them.

          let us know what you find out about the bill and whats going on.
          Im not an attorney or a trustee. You cant trust me either though!

          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

          Comment

            #6
            guys, the surgery was actually done BEFORE the bk. I got the check way AFTER I filed.

            Comment

              #7
              true, but the check caused the debt. im not sure what they check was for though.

              my first stance would be to find out what it is about, and then depending on that tell them they were inlcuded in bk and it will be discharged. try that line. worst case you will still owe it.
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment

                #8
                Was the $600 a payment that came to you from your insurance company so that you could pay for some of the surgical expenses? That happens sometimes.

                I wonder if in your case the payment was sent to you but meant for you to use to pay the medical bill??? Not sure, just trying to clarify why they sent you the money to start with. That might help others determine what your responsibility might be.

                I'm inclined to believe that regardless it falls into the category of a debt to the surgical company. They may file an objection if they are included in the BK. Probably not for that small of an amount though, it would cost them more than 600 to try to try to prove insurance fraud.

                I'm certainly no expert, just have worked in the health area my whole life and know a little about insurance reimbursement, certainly not in how it pertains to BK though. I too, would agree that you need to talk to your lawyer about it.

                Comment

                  #9
                  Sorry, I kept saying 600, I do see that it was 700, not that it matters to the content of my post, just to clarify that I did catch that.

                  Comment

                    #10
                    Why does the surgical company think they are entitled to monies paid to you by your insurance company, and how do they know whether or not you cashed the insurance check? Sounds fishy to me.

                    Comment

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