Insurance debt discharchable?

[bnkinpa]

I had my meeting of creditors and a medical bill i included in the chapter 7 did not show up to the meeting. Now they have sent the bill to a collection agency, who contacted me and said that I received payment from the insurance company for the bill and kept the money. I filed non-joint bankruptcy and the bill is in my wife's name. However she has no income, no assets and the insurance is in my name. All other medical bills in my wife's name accepted the filing and canceled my debt.

I do recall getting a check for half of of the money I owed the medical provider and I made payments for two years. Technically I guess I did end up keeping about $1,000 of the insurance payment. I completely forgot about this as it was over a year ago and I used the insurance money to pay other medical bill as well as the bill in question.

Can this company still go after me? They have made threatening calls to my home and when I called them they told me I committed insurance fraud and they hung up on me!

Will this cause my bankruptcy to be canceled? I did not file with a lawyer so I have to go it alone.

Any feedback would be appreciated.

[aljohnson007]

If you included the debt and it was listed on your mailing matrix, don't understand why it didn't show up. I'm not positive but you may be able to amend the schedules. Someone else may have an answer.

[whipster1]

Sounds like they contacted you and threatened you. Last time I checked that is the whole purpose of the automatic stay, to stop collections. You need to file a motion for sanctions against them. Easy money says my attorney

[bnkinpa]

clarification

Thanks for the quick responses. Just to clarify, when I said "they didn't show up" I meant the creditor in question didn't show up to the meeting of the creditors. Nor did they file any paper work with the bankruptcy court. They were included in the filing and I called them to tell them about it. Maybe they think because the bill was for my wife's care that it doesn't apply to my bankruptcy? or because they may have a legitimate gripe since the insurance company paid me some of the total.

[biotechsolution]

if the debt was in your wife's name it may not be dischargeable in your bk filing.

[bnkinpa]

It was in my wife's name because she was the patient. It was my understanding though that since she has no job or assets and the insurance was in my name that it is my debt.