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medical bill itemization - SOME services not provided

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    medical bill itemization - SOME services not provided

    I finally received an itemized statement from a hospital/creditor of mine that filed a proof of claim.

    On their proof of claim, they merely provided a general total billing for dates of service, and I had never previously received a bill for this particular date of service, because I was told (uninsured at the time) that it was covered in full by their "social services fund" provided by charitable donors and I didn't need to pay it at all.

    Now I see that the charges include services that I specifically refused and did not receive on a certain date of service. Specifically a chest x-ray and a tetanus shot.

    Granted these amounts are only a portion of the bill, and now I am lost in google hell with .... OMG.... 50 tabs open in my browser....

    My question is: Do these charges for services NOT received invalidate the entire claim? Or can I only request a reduction in the claim for the specified amount of the false charges?


    Is refusal to provide informed consent - or perhaps more accurately - coherent informed refusal

    I saw no reason for a chest x-ray, since I already knew I couldn't afford this "visit" and I refused all of the ala carte menu of additional services they kept trying to push on me that I didn't think I really needed in the interest of economics. Basically I did get some stitches and an antibiotic. That's it. I declined the tetanus shot because I didn't need one. They have all kinds of weird lab work listed on there, too, that they never even asked me for permission for. I honestly (still) don't know if actually they did any of that or not. I guess I am going to have to request more records than I originally requested from them.

    Incidentally, this proof of claim was provided to the BK court by a staff member of the billing department. The creditor is not currently represented by an attorney. Good for me, eh?

    If I dispute this claim, I think I am going to go ahead and toss in a request for sanctions for failure to redact because they left my full social security number on the statement they submitted.

    (This is a different hospital than I discussed in a previous thread by the way, I didn't raise a stink about the other one, since it wasn't my social security number, but the hospital account number that they didn't redact...)

    #2
    Not a reason under 502(b)(1). They are still a creditor. To be unenforceable under underlying non- bankruptcy law would mean things like the Statue of Limitations has passed, or they are not a creditor under 501, and other things like that.

    You can dispute the claim under FRBP 3001 just on the grounds that it is incorrect in value. It is unscheduled. You don't believe the amount is correct, etc. However, that means that you DO owe them "something".

    I don't think you have enough to invalidate the entire claim.

    As an aside, you "may not" get sanctions for failure to redact. I have seen some attorneys ask for sanctions of credit monitoring for 2 year at $70/year, and have it granted. BTW It would be FBRP Rule 9011 and I think 9037.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thanks for the compass point, justbroke. That's very helpful. I was running around in circles with this one today. Probably over thinking things, as usual.

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        #4
        Also just ran across this article about redaction. I can't copy and paste the text of it because it's in pdf format.

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