Hospital wont quit

[confusedinVA]

Ok. Well, I am still getting bills from a hospital even though I have informed them a few times that we have filed bk and given them the case # and trustee info. I received yet another bill today and called again. I spoke with someone different this time and was told that they WILL NOT stop contacting me until they receive discharge papers directly from the court. I explained that they were in violation of the automatic stay and she said "Ma'am we dont care, we will continue to contact you until we receive those papers." I told her that she could be fined $1,000 and she said "Well, like I said, we will not stop."

What should I do, anything? It just upsets me so much because they just seem to think they can do whatever they want.

wanted to also let you know that this is the same place that down talked me the first time I called to give information. Saying "so you get to receive medical care and then dont have to pay"

Thanks for the advice,

Shirley

[BassBoy]

Take a look at this:

http://library.findlaw.com/2000/Sep/1/131041.html

And here as well:

http://www4.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000362----000-.html

If you have an attorney that represented you, inform he/she IMMEDIATELY!

[confusedinVA]

Thanks BassBoy, from what I am reading I am assuming that there isnt much that I can do, because they are not trying to seize anything, am I wrong?

I do not have an attorney, we filed Prose.

[AMISLANDER]

Doesn't matter how you filed...

Thanks BassBoy, from what I am reading I am assuming that there isnt much that I can do, because they are not trying to seize anything, am I wrong?

I do not have an attorney, we filed Prose.

Once you have contacted them, they should discontinue the harrassment.

[gacreditguy]

they cannot continue collection efforts once the BK has been filed and they have been notified. if they are doing so, then that is a big no-no.. the bk courts do not look kindly upon this stuff..

[confusedinVA]

But how do I stop them? I have already told them they are in violation and they say that they dont care that they will continue. Is there someone I should call to notify or a form I should fill out and file with the courthouse? How would I prove that they were notified besides the mailing matrix, or do I even have to?

Thanks so much.

[pink_amulet]

They reason they are probably doing this is because you don't have a lawyer, they think they can push you around, without a 'lawyer" contacting them.

I think there is a way for you to get some protection. I read somewhere on here where someone filed on their own, and the auto company was trying to repo their car durning the process, and the trustee stepped in.
I would ask the court some how. Sorry I'm not more help.

Goodluck

[BassBoy]

Yep. The proof is EVERYTHING. Without it, you've got nothing right now. I would think you could call the court or even the trustee, but again, without the proof...........

Most likely, you could ask them to mail this bill, but I doubt they would because they'd be handing you proof their violating the stay on a silver platter. If you don't have caller ID, any letters/bills that they sent or a record/recording of the phones calls, you can't really do much more. Although, calling the trustee or the court may be one avenue you can take.

[confusedinVA]

I actually do have a bill that I received today in the mail. Should I call the trustee's office? I tried calling the courthouse already but they said they could not advise me as to what to do but that they are in violation.

Thanks,
Shirley

[BassBoy]

I actually do have a bill that I received today in the mail. Should I call the trustee's office? I tried calling the courthouse already but they said they could not advise me as to what to do but that they are in violation.

Thanks,
Shirley

Mail them a copy of the automatic stay with the creditor matrix for now. If it continues from there, then maybe call the trustee's office.

BTW, when did you file? What does your timeline look like? You may not have to endure this much longer if the hospital said they will not stop until they get your discharge papers.

[confusedinVA]

Our 341 is scheduled for 9/11.

[BassBoy]

9/11? Scary! Anyways, you've got 60 days afterwards until your discharge.

Have they sent you bills after you filed and did you mailed them a copy of the automatic stay and creditor matrix? If not, then like I said, do that this time (certified mail), and if it gets out of control, then yes, a call to the trustee's office may be in order. Oh BTW, since you filed pro se, DOCUMENT EVERYTHING for your protection.

Best of luck and I hope you're able to resolve this issue.

[SinkingFast]

You might wanna send them a letter in response to the bill and phone calls you've received. Short, sweet, and to the point.

Maybe even call the Hospital and get the name and mailiing address of the CFO, Chief Financial Officer, and direct the letter to the hospital to his/her attention.

"I've been receiving phone calls and bills from your office." Name names and dates of phone calls if you can.

"During each phone call, I have informed your Representatives I filed ____________ (Ch of BK), _______________ (Case #), on _____________ (Date). I have even advised one of your Representatives that these phone calls and bills are a violation of the Automatic Stay.

Please note that I am sending a copy of this letter to ______________ (Trustee's Name), ________________ (BK Court, District, State) to inform ____________ (Trustee's Name) of your illegal collection practices."

Signed,
By You

Mail a copy of the letter to the Hospital and to the Trustee's Office. Send both Certified/Registered Mail. So you have proof that you did indeed mail the letters.