Recently discharged...just received medical bill from 2007????

[cfgdag]

We were recently discharged at the end of December.

All of a sudden yesterday I get a bill in the mail for some medical care I received back in 2007. Am I responsible for this bill? Obviously I did not know I had this bill and it was not included in the BK.....

Thanks!

[justbroke]

This is what you do. Get a copy of your discharge order and injunction, and mail a nice letter indicating that you filed a no-asset Chapter 7 Bankruptcy on 8/31/2009 and that all your debts prior to that date were discharged on 12/28/2009. Indicate that any further attempt to collect the debt will be met with a Contempt Charge with the U.S. Bankruptcy court and they could be responsible for damages.

That will make most of them go away.

(Note: if your case was an asset case, this is problematic, but the notice may still make them go away.)

[AngelinaCat]

(Note: if your case was an asset case, this is problematic, but the notice may still make them go away.)

We were an asset case, and we had a similar situation. We did as JB suggested and sent the copy of the discharge order and the note as he described, and sent it by certified mail with return receipt. We haven't heard anything since.

[frogger]

Interesting. I had a bill come in a couple of weeks after we filed from a cell carrier that we used over 3 years ago. Never seen any kind of bill or statement until this one came. When we get discharged, that's what I'll do too.

[AngelinaCat]

Interesting. I had a bill come in a couple of weeks after we filed from a cell carrier that we used over 3 years ago. Never seen any kind of bill or statement until this one came. When we get discharged, that's what I'll do too.

We also had a similar situation. While we were in BK, AT&T bought BellSouth, our telephone provider, and all the terms of use, charges, etc. changed. But we were never notified or received a bill because of the Automatic Stay. At least that is what I think happened.

After we were discharged, we got a whopping telephone bill for about $590.00. We could no more pay that than fly to the moon. So we sent a copy of the discharge order, et al, and that was pretty much that, except the debt was sold a couple of times. Each time it was, we sent off the notice, certified mail, with return receipt. They got the idea.

[jdcat]

This is good to know for me as well. I'll be getting medicals bills from lab techs to radiology techs to anesthesiologists probably six to 12 months from now for care I'm receiving now. Now I know what to do when those bills show up.

[readytofile]

I was wondering this as well. I have a $278 bill for a medical procedure back before we filed, so I should also be able to do this and not have to pay it?

[justbroke]

I was wondering this as well. I have a $278 bill for a medical procedure back before we filed, so I should also be able to do this and not have to pay it?

The technique described herein, mailing your discharge and a cover letter, tends to work well. However, in extreme cases where they just won't go away, you may actually need to take some action. Again, if you were an asset case and you failed to list the debt, this can be problematic. However, 95% of the Chapter 7 cases are no-asset, so this shouldn't be a problem.

The overwhleming majority of Districts agree that, in a no-asset Chapter 7 case, all debts incurred prior to filing the petition (and not reaffirmed) are discharged because 11 USC 727 reads that "this section discharges the debtor from all debts that arose before the date of the order for relief under this chapter". Emphasis on the word "all". Those Courts agree that Congress could have easily changed the word "all debts" to "all scheduled debts", but they chose not to.

[readytofile]

Oh thank you for that explanation! That helps tremendously!

[BKInLA]

Great thread! I need to keep this one in my favorites for reference should I need it in the future.

[Mi Bankruptcy]

I had the same concerns for medical debt when I filed. I told my attorney that we have more bills coming that I have not received. He said, don't worry about it because everything ( other than reaffirm and student loans) are discharged. He said if they cause problems we could write them a letter stating the bill was due at the time of service not at the time we received the bill and therefore I was covered when I filed if services were rendered prior to filing.

[jingle47]

One quick question..(and I am jsut making up dates for this example)
If I file Jan 1.
Discharge June 1.
What happens to a medical bill I incur on March 1?

[jdcat]

You would be responsible for any debts incurred after Jan 1st.

I know this from experience. We filed chapter 7 March 12 2002 and I went into premature labor on March 15th. We had to pay for it all.

[jingle47]

Thank you very much for the clarification.

[cfgdag]

Thank you all for your replies. I went ahead and typed a letter and attached my discharge. It's a small bill...roughly $140. My attorney said he could do a amendment...for $130. Hardly seems worth the hassle. Who knows if they don't accept my letter I may pay my attorney just for the principle of it!