Question about Dentist Bill that will be discharged

[mhp8982]

So, I went in and filed my bankruptcy on Wednesday May 11th. So that is taken care of. My 341 hearing is set for July 5th at 3:30. Post filing/Pre discharge counselling is done! I'm so glad to have all of that out the way.. now it's just a waiting game for the most part until the hearing.

But anyway, I have this dentist bill from having a root canal and crown done a couple of months ago. I was paying on it fine, when this old debt from my ex husband came up forcing me into bankruptcy. I was still wanting to pay for it, because I want to keep a good standing with my dentist.. as he's been my dentist since I was like 5. lol But, when I went in to file and we filled out all the paper work.. my attorney informed me that I have to file on it and it can't be reaffirmed because it's not a secure debt and it's way too low an amount.. like $650 left to pay. So it's definitely going to be discharged with everything else. So, I have no obligation to pay it back, but he said if I want to.. I can after it's discharged.

So, we filed and they sent out the notices to all of my debtors and today I received a phone call from the dentist office asking me about it. I explained to them that I wanted to pay it back, but it had to be included and was going to be discharged. I told her I would have to wait until after my court date to pay on it though. She says rudely.. "you can't pay anything until July? Not even $25 or something? We need some sort of payment" I said I'm not sure. I just made a payment to them 2 weeks ago.. so I'm not even late on my payments yet.

So, first of all.. I thought they weren't even allowed to contact me about making payments once it was filed and the automatic stay was in place? I thought they couldn't call and demand money from me anymore? Technically it's in my court whether I want to let it go or pay it back? Because I'm no longer obligated to it.

Second.. I thought you couldn't make any payments on anything you are filing on, or planning to discharge.. during the process? Can I even pay them anything before the 341 meeting or the discharge? I mean if I do choose to pay them back, don't I need to wait until everything is discharged to set that up? I might be totally wrong about that, but that was my understanding. And regardless.. I have no obligation to pay anyway at this point.. at least until the decision is made at the hearing? I just thought it was a little weird and wrong of them to be calling and demanding some sort of payment at this point. I didn't think they could? It will be my choice in the end on that one.

I know that with my car, I'm reaffirming on it and it's a secured debt.. so I'm going to continue making the monthly payment on it.. so this is okay, right?

[keepinitreal]

... I thought they weren't even allowed to contact me about making payments once it was filed and the automatic stay was in place? I thought they couldn't call and demand money from me anymore? Technically it's in my court whether I want to let it go or pay it back? Because I'm no longer obligated to it.

Second.. I thought you couldn't make any payments on anything you are filing on, or planning to discharge.. during the process? Can I even pay them anything before the 341 meeting or the discharge? I mean if I do choose to pay them back, don't I need to wait until everything is discharged to set that up?.

I agree they shouldn't have contacted you. It sounds like you want to keep your dentist though, so it's good that you talked to their office person.

I'm not sure if you're allowed to send them payment for past services right now or not. Your bankruptcy estate is controlled by your trustee at the moment. Better ask your lawyer whether or not you can send any money to your dentist at this time, assuming that you want to remain with this dentist.

[mhp8982]

I will ask my attorney before I send them anything. But am I right about the car payment? Do I still pay that when it comes due, since it's being reaffirmed on?

[keepmine]

Yes, keep paying the car note if you wish to keep it. It's secured debt so, not a preference issue.

[frogger]

This is typical small business wanting to get paid. While I agree that the contact with you was not correct, in cases like these, you have people that many times just don't understand the rules.

Not understanding the rules is no excuse for their breaking them, so you may have to remind them of the way things are.

1. You are protected from them during the stay.
2. You were required to list this debt in your filing.
3. You will be discharged of this debt in your bk procedure.
4. You are not going to pay anything or anybody during this procedure.
5. Call me again, and I won't pay you anything. I told you that I was going to pay you, and I will, but there will be no payments until my case is discharged.

[mhp8982]

Ok, thank you so much! I'm not paying anything right now.. and if they call me again I will tell them this and I will tell them to contact my attorney if they have any further questions.