Re-open?

[Geeznowwhat]

This is a bit of an odd situation.

In 2009 I was in an accident in NY. It was serious. I and my passenger were taken to the hospital from the scene. The lawyer that was involved...(sued the other driver) was supposed to file the required paperwork for no fault medical coverage in NY. (Ny says that your own ins pays the first $50k medical.....but it must be filed within the 30 days right after the accident) Well, apparently he never did it. They are now claiming they will file against me. I am guessing they saw that I filed BK (public records) and since I am discharged...they figure to leap in now. (It is a collection agency). The 7 year limit has not expired

The lawyer was disbarred....drug use, and jailed. I cannot go to NY to defend.....I cannot travel at this time. I doubt I can travel long distance at any time in the foreseeable future either. Besides. I think I have no defense anyway.

Can I reopen the BK, include this debt? What is the procedure to do this? Must I go back to Colorado to deal with this? I am in Boston...again..I probably cannot get the resources to travel. Am I in trouble for not listing this to start with? I actually thought this was long gone and done.

What do I do?

[bcohen]

From your other postings, you filed for Chapter 7 bankruptcy earlier this year, and were a "no asset" case. Therefore, this alleged debt is discharged, and the hospital/its collection agency cannot legally ask you to pay. To do so would violate the discharge injunction. If you are sued or harassed for payment, then you can reopen your bankruptcy case in order to have the collection agency sanctioned.

[Geeznowwhat]

Even though I did not include them in the list of creditors?

I did not know about this when I filed. So..it is discharged even though I did not include them in the list on the paperwork or the matrix?

[LadyInTheRed]

Yes, if your case was a no asset case, then all dischargeable debts were discharged, even if you didn't give notice. The creditor was not harmed by the fact they did not get notice if they wouldn't have received anything any way. Check the bankruptcy code section on exceptions to discharge to make sure their claim is not excepted.