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    violation of stay?

    I had my 341 on 1/22. No creditors have filed a motion for relief from stay. Trustee has declared me no asset. Today I got a bill from my OBGYN for $180.00. I've been receiving this same bill monthly for about 8 months, and yes I listed them as a creditor on my petition.

    I would like to stay with this same OBGYN, and was considering paying this bill so they'd allow me to keep using them. However, did they violate the stay by sending me this bill? If so, what should I do? I was thinking of calling them and letting them know they messed up, and bargaining with them -- e.g. I won't "tell" on you for sending me this bill in the middle of a bankruptcy if you allow me to continue using you as my OBGYN without having to pay this $180.
    Chapter 7 Filed: 12/22/08
    341 Meeting: 1/22/09
    Discharged and Closed: 3/24/09

    #2
    Freshstartfl: More than likely, the office has a billing company. I would let this pass off and not inform anyone with this exception: Write a nice letter to the billing department explaining that you are in bankruptcy and are NOT ALLOWED to pay a preferential bill. Tell them that you do intend to pay them after discharge (although you would not have to) but for their own protection of the law, not to bill you again until your discharge. That is, if you wish to maintain that relationship. Kindness goes much further than harshness. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Sounds good to me, hub! I'm sure there's plenty of gynos out there that I would like just fine, but I've been with this one for so long, I'd hate to switch. I do doubt they'd let me keep going there, though, without paying this bill.. dontcha think?
      Chapter 7 Filed: 12/22/08
      341 Meeting: 1/22/09
      Discharged and Closed: 3/24/09

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        #4
        Originally posted by freshstartfl View Post
        Sounds good to me, hub! I'm sure there's plenty of gynos out there that I would like just fine, but I've been with this one for so long, I'd hate to switch. I do doubt they'd let me keep going there, though, without paying this bill.. dontcha think?
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          I had (and still have) health insurance; the bill was the amount I'm responsible for after insurance on an outpatient procedure.
          Chapter 7 Filed: 12/22/08
          341 Meeting: 1/22/09
          Discharged and Closed: 3/24/09

          Comment


            #6
            Originally posted by freshstartfl View Post
            I had (and still have) health insurance; the bill was the amount I'm responsible for after insurance on an outpatient procedure.
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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              #7
              If it were me, I would not approach them with this since it was probably a cross billing.

              If you want to continue using the doc, call them and tell them you are trying to get back on your feet financially and would they give you a discount. If not, just pay the 180.

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                #8
                interesting stuff, hub! you're full of helpful info. Thanks!!
                Chapter 7 Filed: 12/22/08
                341 Meeting: 1/22/09
                Discharged and Closed: 3/24/09

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