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Problem after discharge with a creditor?

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    Problem after discharge with a creditor?

    I have a medical bill added into my bankruptcy case and it was discharged case closed etc. For some reason the company will not have that and have called me a couple of times on the matter. I spoke with them last week and just saturday recieved a collection notice from their collector. CACi. It has two amounts listed from this person for the same service date. (I only knew of the one) So I have a few quick questions on this.

    First of all the larger one was included, as well as the creditor and account. So now they decided I owe them a different amount and added it on the same date of service, however only one exact amount was included in my filing.

    Am I protected from the add-on amount also? Or did that exact amount also needed put into the filing to be clear of it.

    For instance, the first amount was 799.08 for the date of service of 9/26/2008, now all of a sudden I have that and another amount for 168.56 from the exact same service date.

    For some reason I thought when you listed an account and creditor that anything they add on or in during your filing you could get away from. Such as with my credit cards adding tons of late fees etc?

    Some advice on what to do would be appreciated!

    Thanks guys!
    Filed 10/20/08
    Discharged 1/27/09

    #2
    That debt is discharged in your BK if you had them listed. If the 'new' debt is PRE-petition it is discharged too. If you feel better you can amend your petition (even after discharge), but I don't think you have to amend it.

    I would send the CA a letter showing the debt is discharged, maybe include a copy of your Discharge with the letter. If they contact you again, then contact your attorney. You may want to contact your attorney with this first communication - they probably have a form letter they use.

    If they contact you again, go after them for sanctions.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Yes both debts are listed as the same date of service months before my filing. They had for some reason only sent me a bill for the larger amount, so at the time of filing its all I had. Now I noticed a second charge for the same date, so I was making sure both were discharged regardless. I had a feeling it would be, its crap they went ahead and sent it to a collection agency for fun. They noted only one debt had my attorneys name listed, so that was even already noted but they still sent me a collection notice with both amounts listed....

      I documented the time date and person I spoke with today, I am hoping this will just go away and the collection removed.

      Thanks
      Filed 10/20/08
      Discharged 1/27/09

      Comment

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