creditor may have sold my debt included in BK

[boomerkae]

I had a medical bill (well, several) included in my BK. I notified one practice in Nov that I intended to file - and the woman was so RUDE and told me I'd be hearing from their lawyer. I was so nervous that I would be sued before filing.

Filed 12/23, had heard nothing.

Monday, I got a letter in the mail from an attny trying to collect the debt. I called them and told the attny that I had filed, and had previously informed the practice I would be. SHe sighed and took the case info.

I suppose she is a little different than a traditional collection agency - but sounds like she got stuck with the debt.

Curious - who now has to file the proof of claim?

[papie]

It's different for different creditors. Sometimes bills are sold to creditors. In this case, the lawyer probably works with a collections firm, which now owns the debt. They would file the claim. Often times though, creditors will just contract with an agency, firm, or outside business office to attempt to collect the debt. The contract agency would make all the phone calls and send out the nasty letters and even accept payments. If the debt isn't paid by the the debtor within X amount of time, or the debtor turns out to file bankruptcy or be deceased, the bill is sent back to the original creditor ( in your case, this would be the medical provider.) In this case the medical provider would file the claim.

A lot of medical providers don't file claims though, some of the don't file period, and some of them only file if it's above a certain dollar amount. I had several medical bills from one hospital and they didn't file a claim on any of them.