Completed 3 year Plan and Now....

[MyQuestion]

Hi everyone, long time lurker, first time poster. My wife and just completed a 3 year plan and received our discharge a few months ago. Everything went smoothly and all 100% medical related; unsecured. I recently received a bill from a collection agency for a debt that was from the date of the medical event. So I call and I let them know that I had completed a ch13 and had been discharged. They asked me for the case number and that was that. My question is, what now? Will they go away? I not sure if they were listed in the schedules, but we had not received a bill or any notice at all in the last 3 years from this provider. They are a medical bill so they are unsecured. So I'm not sure what to expect now?

[justbroke]

Welcome to BKForum.

If that debt was included in the Chapter 13 bankruptcy -- it was something from before you filed -- then they would stop trying to collect. That's why they asked for the case number and where you filed so they can double check. But, there's always a but, it may not have been discharged if you were in a 100% plan and forgot to or didn't list them as a creditor and they never received notice.

[MyQuestion]

Welcome to BKForum.

If that debt was included in the Chapter 13 bankruptcy -- it was something from before you filed -- then they would stop trying to collect. That's why they asked for the case number and where you filed so they can double check. But, there's always a but, it may not have been discharged if you were in a 100% plan and forgot to or didn't list them as a creditor and they never received notice.

Thank you!~ Our plan was not a 100% plan it was all medical and all unsecured and it was before we filed. I'm however not sure, if it was on the schedules or not... I called my attorney and I have not heard back anything yet.

[justbroke]

Whether it was scheduled or not could be crucial. An unscheduled debt in a Chapter 13 can be problematic later since the creditor had no opportunity to "participate" in the bankruptcy and receive any distribution under the plan. I misspoke when I put that it's both a 100% plan "and" you forgot. It doesn't matter if it was a 100% plan or not when it comes to unscheduled creditors in a Chapter 13.

[MyQuestion]

Whether it was scheduled or not could be crucial. An unscheduled debt in a Chapter 13 can be problematic later since the creditor had no opportunity to "participate" in the bankruptcy and receive any distribution under the plan. I misspoke when I put that it's both a 100% plan "and" you forgot. It doesn't matter if it was a 100% plan or not when it comes to unscheduled creditors in a Chapter 13.

I see. I'm not sure any of the creditor got anything.. or very little. So what do you think they will do next? Do you think they will just write it off.. or look to see if they got notice? I think its interesting they wait until after the ch13 to send a letter..

[justbroke]

The thing is to look at your Schedule F (Unsecured Creditors) and see if the creditor (original creditor or collection agency) is listed. I think that the creditor will just see that you had a bankruptcy that began after the medical charges and they'll just give up.

Creditors wait because there is a stay that is automatically created once you filed. It's known as the automatic stay. A creditor can suffer severe consequences and penalties for violating that automatic stay. Any attempt to collect, continue the collection, or sue while the stay is in place is a big no-no. That's why they wait.

[MyQuestion]

The thing is to look at your Schedule F (Unsecured Creditors) and see if the creditor (original creditor or collection agency) is listed. I think that the creditor will just see that you had a bankruptcy that began after the medical charges and they'll just give up.

Creditors wait because there is a stay that is automatically creates once you filed. It's known as the automatic stay. A creditor can suffer severe consequences and penalties for violating that automatic stay. Any attempt to collect, continue the collection, or sue while the stay is in place is a big no-no. That's why they wait.

Thank you ..I will look. The amount is under $2k, so not a big deal. Thank you for your help!