Hospital bill and new debt collection agency

[4ever]

We filed my hospital bill into our BK months ago so I am sure they have already been notified. The other day I get a letter from a collection agency saying they want to collect the money I owed to the hospital. I'm sure I should show the letter to the lawyer because obviously these people must not know about the BK and might try to sue. Can they file a claim when they were not listed to begin with since it was the hospital who is the original people filed in the BK and this collector is just now taking over the account?

[free2breathe]

Give the letter to your attorney. If the collection agency calls you, simply state that you have filed bankruptcy. They will ask for your case number and attorney information.

Your attorney will most likely send them a copy of the notice of bankruptcy and inform them that they are in violation of the automatic stay. That's probably the last you'll hear about it.

[BrokeinMD]

Have you been discharged yet, 4Ever? I agree totally with Free's advice. I had surgery last year and the hospital still continues to bill me and call, and they were included in my filing. I called them, on a recorded line, and the billing department told me they didn't receive the notice, and they were going to continue to bill me and collect from me until my discharge. I told them, "with your statement, you just advised me that you are going to violate an automatic stay issued by the United States Bankruptcy court." She told me to send my Petition notice to her. I said, if you claim you didn't receive the first, why would me sending it to you make a difference? My call to you is your notice. You can just take down my case number now, it is..." It was all recorded. I shot my attorney an email right after it happened, and I continue to get the bills and calls. My attorney advised that if they take any further action, they're going to be sued. Tell your lawyer.

[4ever]

I'll let my lawyer know. Would they still try to file a claim and could they, being that they obviously took over the debt after the hospital was notified of our BK? We haven't been discharged. We just got confirmed on Jan. 14 this year. But we have made 3 payments already. Just starting our 5 years.

[free2breathe]

Did the hospital file a claim, 4ever? If they did, I don't believe the CA can as well. Whoever has the right of claim can file, but two entities should not be able to file a claim for the same debt.

[Dj1995]

I have the same situation as BrokeinMD - Under the advise of my attorney, I recorded the call, and pretty much said the same thing - but they also said they would continue to try to collect - the attorney told me to keep all mailings and recordings, and if they do, he will sue them. I was on hold for over 9 minutes because they kept transferring me around to other departments - and yet they say they were never served notice that I had filed bankruptcy. I think they probably lost the notice!

[enginegirl]

I have the same situation as BrokeinMD - Under the advise of my attorney, I recorded the call, and pretty much said the same thing - but they also said they would continue to try to collect - the attorney told me to keep all mailings and recordings, and if they do, he will sue them. I was on hold for over 9 minutes because they kept transferring me around to other departments - and yet they say they were never served notice that I had filed bankruptcy. I think they probably lost the notice!

Do you know if the hospital filed a claim??? Is it past your Bar Date yet?? Check your paperwork for the info... it should be on your list of creditors... a good place to check is
https://www.13datacenter.com/ and if you are not signed up on this yet you should as it give you all the info you need on your case such as payments made, your creditors, dates your trustee etc etc...
good luck to you!

[BigJohn]

Some creditors don't really honor the automatic stay. They continue doing what they always do and that is trying to get our money one way or another.

There are some lawyers that will help you but I suspect most of them are like my lawyer in that they got paid for a bankruptcy and not all this other stuff.

[4ever]

As of right now there is no claim yet showing on 13datacenter from the hospital. So can this collection agency file a claim at this point if they wanted to since their name wasn't included in the plan? Or is the hospital out of luck for giving the debt to someone else and no one could claim it? That would be great since it's the biggest bill we have listed.

[enginegirl]

As of right now there is no claim yet showing on 13datacenter from the hospital. So can this collection agency file a claim at this point if they wanted to since their name wasn't included in the plan? Or is the hospital out of luck for giving the debt to someone else and no one could claim it? That would be great since it's the biggest bill we have listed.

Yes the collection agency can file a claim. When/if they call make sure you tell them that you have filed and give them your case number (and record the conversation). I believe that if they do NOT file a claim before your Bar Date then they are SOL!! (Your Bar Date is 120 days after you file!). Double check with your Lawyer!

[enginegirl]

Some creditors don't really honor the automatic stay. They continue doing what they always do and that is trying to get our money one way or another.

There are some lawyers that will help you but I suspect most of them are like my lawyer in that they got paid for a bankruptcy and not all this other stuff.

it is Illegal if they do not honor the stay and they can be sued!!

[BrokeinMD]

They conveniently lose the notices, don't they? That's why I wanted it on recorded phone call that I provided them my case number and that they violated the Automatic Stay. I can't wait for them to send it to a CA. Bring it on, I could use the cash! Of course, if the Trustee doesn't take it from me! LOL....

[kornellred]

It does not matter what any subsequent debt buyer/owner does or does not do. If the hospital no longer owns the debt they are not entitled to collect on it. The debt buyer now owns the debt, and they can file a claim, even after the filing period has passed. If they do not file a claim they can never recover the money because the debt will be discharged. If they file a claim they will be paid a portion of the debt by the Chapter 13 trustee. Filing a claim or not, they cannot violate the automatic stay. A money judgment in civil court is a creditors only recourse and that would never be granted if you are in Chapter 13 bankruptcy.