Amending Creditor's Matrix

[footballfan]

Some back story, but will try to just jump in to current situation.

Have two medical providers who were not included on our petition/creditor's matrix (as well as a JDB who sued us pre-petition, but included on SOFA but not matrix).

Debt with medical providers is pre-petition. We had toyed with paying our attny $275 to amend our creditors matrix to include JDB, but decided to let it ride for now.

We expect to hit our 60 day mark end of March. So far no asset case.

In response to billing statements sent by 2 medical providers, I sent each a copy of our 341 notice and indicated we filed bk 12/31/11.

One medical provider wrote off our balance and sent us a letter instructing how we must pay for care moving forward.

The second medical provider has called my attny's office twice now about our BK. Assistant informed them that they were not on our creditors matrix.

Attny has asked us our intentions -- that attny would certianly add them to creditors matrix for $275 fee, but amt owed to medical provider was about $289, and wouldn't we rather just set up payment arrangements with provider?

I asked attny about pre-petition debts being discharged in non asset 7 even if not included in the schedules. His response was basically if a no asset case there is case law that states it is automatically discharged.

So, we can:
1) pay our attny $275 to modify petition to include two medical providers and JDB, or
2) do nothing and assume all pre-petition debt is discharged, or
3) pay this vocal medical provider.

Not sure if it would just be easier to pay attny and modify and get medical provider off our back? Or just ignore it?

Any thoughts, experiences or recommendations? Thanks in advance.

[Nicollette]

I'm really not sure about the answer to your question, but I've always been told that any pre-petition debts not included on your creditor's matrix, would be discharged as long as its a no asset case.

[mountanddo]

Wouldn't paying the medical provider be a preferential payment? Also, if he is telling you that case law supports that it is automatically discharged why would he suggest that you just pay the medical provider payments?

[footballfan]

As it's now been explained by my attorney, since we are a no asset case, there is no money and the debt is uncollectable.

However, apparently they can still list it on our credit report and try to collect. They could sue, but again, they can't recover. Sounds though like it could create extra headaches for us having to respond or defend.

My attny has provided some advice to us, strictly our call as to whether or not we want to follow. How much is peace of mind worth to me? That will be my determining factor.

Thanks for weighing in.