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    Medical Bill after 341

    I received a bill today in the mail for $74 for my daughter's dr visit from 6 months ago. My ex and I are responsible for for splitting medical bills per our divorce decree. I paid my half of the bill at the time of the visit and then called the clinic before filing for bankruptcy (in June) and was told that my ex had paid his half and the account was at zero balance. I didn't include it on my petition. My 341 was last Thursday and the Trustee posted his no asset report on Tuesday.

    When I got the bill, I called the clinic to figure out what was going on. It turns out that my ex put a stop payment on his check and I am responsible for the remaining balance as well as nsf fee because I am the guarantor on the account. I called my ex, and of course he was a jerk about it and refused to pay it.

    Should I just go ahead and pay the bill or have my attorney add it? I'm hesitant about having him add it because he charges a minimum $125 fee to amend the petition after filing. Would paying the bill raise any red flags with the trustee or UST?

    #2
    If the bill is only $74- I would pay it, since it seems to make more sense than paying your attorney $125.

    Comment


      #3
      show bk notice

      Justbroke had a great suggestion for this very thing. Show the clinic billing person the BK notice inc. case # and filing date. Nicely explain they can't collect anything prepetition from you, but your ex on the other hand.....well......

      Hope this helps,

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment


        #4
        I too would go to the billing people and explain the pre BK situation. However, if push came to shove I would just pay the bill as opposed to paying to amend the petition. The $79 (plus NSF fees) shouldn't raise any red flags as it should be way below what would be considered a preferential payment.

        I did have a similar situation during my BK. After filing a $200 medical bill popped up. I spoke to my attorney's office about it and I was told that I could pay it or amend the petition (it was pre 341). I ended up amending the petition as it was the cheaper of the two.
        Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
        Deadline to File a Complaint: March 8, 2010

        Discharged and Closed March 11, 2010

        Comment


          #5
          Thanks for the advice everyone! I just went ahead and paid the bill, it was $74 in total (30 + 34nsf). Definitely not worth the $125 to amend.

          Comment

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