I filed Ch 7 on 12/06/2007 had my 341 on 1/14/2008 and my last day of objections is 3/14/2008. To make long story short, I have a medical bill for my daughter that is in college( age (19) ) in the amount of $2220. She was over 18 when this bill occurred but she is on my insurance so it is billed in my name. I asked my attorney about listing it on my petition and she said that I can list it but not to be surprised if they come after my daughter since she is not a minor at the time of service. They (the medical office) never filed a motion of appearance and they, so far have not objected (last day for those is on Friday). They are sending me a bill every month for this debt and I am wondering if they are in violation? I was planning on calling them and making arrangements to pay the debt because I don't want them to sue my daughter.. Does anyone have any suggestions or can offer any advice?
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Still getting billed from someone listed on my petition Question
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I'm kind of confused as to whether this creditor can go after your daughter or not, but once you declared Chapter 7, ***you*** personally (not your daughter) should have ceased to receive bills on this debt. Unless the creditor objects, it will be discharged along with all your other debts.
However, in the meantime, if I were in your shoes I'd sign up for PACER if I hadn't already, look up my case, and make absolutely certain that this creditor is correctly listed on Form 6 (schedules, probably F), my matrix, and the BNC Certificate of Mailing. The reason I say this is because if they're billing you every month just as if nothing changed, they either did not receive notice, or lost the notice internally. If they somehow got left off your petition and matrix, they can come back and fight it. So it's definitely worth your time to look up your case and make sure they got notified and name/address on the filing is correct. Good luck!!!Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!
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Keep the Bill (s), in case you need to use it against them. One of my banks that I filed an overdraft on, kept sending me statements and requesting payment. My lawyer mentioned it could be "computer generated" set to go off every month, but the company should of cut it off. So he said save it, if we need it in the future he can go after them for violating the automatic stay for like $1000 or so.
Best of Luck, CatchmeifyoucanJuly 2006: Filed Ch13 :blink:
Oct 2006: Converted to Ch7 :clapping:
Jan 2007: DISCHARGED :clapping:
Nov 2007: CLOSED :yahoo::yahoo::yahoo:
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