Adding bills after discharge

[skibum]

We got our discharge last week, but just received invoices for medical services rendered to my wife prior our filing date in January. Can we add these to our case? How much should our attorney fees be if so? I mean, at $325 per hour there will be a break even point.

Our bankruptcy was filed in large part due to my wife's illness, which continues. She is on chemo now, and we are getting billed $500 per treatment, even with Medicare and an AARP supplement program.

[AngelinaCat]

Did you include the medical providers in your petition? You would not necessarily have had a total amount to put down at the time of filing, but you could enter a 'placeholder' of $1.00.

This is what our attorney suggested to us. We had had a couple of accidents prior to our filing date, as well as the remaining amount from 'Hub's prostate cancer surgery in 2004. The insurances had not yet processed our billing from our accidents. Plus I was still under care, so anything after we filed, which was Dec. 28, 2007, was 'new debt'.

But we discharged the major portion of our medical bills.

If you did not include the pre-filing bills, then you need to see about reopening your case to add them. Your attorney may well charge you for this. Would you feel comfortable enough about the process that you would try it yourself?

I hope and pray your wife is on the road to a speedy and successful recovery.

[skibum]

Thanks Cat. Of course our attorney did not put any placeholders in, even though he knew our circumstances I say facetiously. I wouldn't feel too uncomfortable doing it myself, I'm an accountant and good at filling out forms. I am, however, horrible when it comes to legal issues I say with all honesty!

Thank you for your prayers and wishes.

[AngelinaCat]

If your case is closed, you would have to make a motion to the court to reopen your case and amend your bk petition to include those missed bills. If it has not closed yet, you may be able to go in and amend your schedules. It is usually around $26.00 to file amendments.

First thing tomorrow, call the attorney and see if you can get him to address these bills since he apparently did not list them. If your case is not closed, he technically still represents you, though as I said, he may well charge you and at $300+ an hour---*OUCH*.

[skibum]

Thanks again Cat. We are discharged, but not closed yet. I will contact his office and see what they say.

[AngelinaCat]

Once you find out, let us know, and we will go from there.

I have to say that as 'bad' as our attorney was, at least she did very well on this issue. So I have to give her credit.

[skibum]

I have to say that as 'bad' as our attorney was, at least she did very well on this issue. So I have to give her credit.

Thanks for the Sunday night laugh!

[frogger]

As long as you were a no asset chapter 7 case, send them a copy of your discharge. They will go away.

[debee]

I agree with the others.

So long as you were a no-asset case, and the debt in question wasn't of a non-dischargeable nature (certain taxes, student loans, debt obtained by fraud, etc) and so long as the creditor is informed (even after the fact), your debt is discharged.

(This is true in the majority of cases, but not all. Two circuits have ruled differently. Luckily, you don't live in one of them.)

[DAE]

(This is true in the majority of cases, but not all. Two circuits have ruled differently. Luckily, you don't live in one of them.)

Which are the two circuits?

[debee]

Which are the two circuits?

Courts in the 1st & 7th have ruled that if the debt was not listed, it's not discharged.

[nokia123]

Courts in the 1st & 7th have ruled that if the debt was not listed, it's not discharged.

Is ct. one of them?

[skibum]

Thanks Debee and Frogger. Debee your advice is awesome, but that Trump avatar scares me every time I see it! Seriously, I love your advice, very thoughtful and concise.

[debee]

Is ct. one of them?

CT is in the 2nd circuit. Anyone can look to see which circuit they're in here.

[debee]

Thanks Debee and Frogger. Debee your advice is awesome, but that Trump avatar scares me every time I see it! Seriously, I love your advice, very thoughtful and concise.

If I had it to do over, I would have picked a different avatar. It seemed funny at the time.

The Trump face is scheduled for cosmetic improvement. Might look better in the days ahead. Something in honor of the Easter Bunny. And some new hair. Should be less scary then. Or more scary. Not sure.