topic Re: Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition in Bankruptcy

Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition

Anonymous — Sat, 23 Mar 2019 20:10:11 GMT

Ok so my wife got a birth control implant in September of last year. We had insurance when we got this procedure so I paid my co-pay and thought it was all over with.
Her implant fell out shortly thereafter because they didn’t do the procedure correctly and they refused to re-do it without getting paid a second time and we didn’t have insurance after that so we declined.
Fast forward six months later and post discharge I’m getting a bill for $1,100 from them because they weren’t included because I didn’t know they were a creditor.
Can I still discharge this debt if I ask my attorney to amend our filing even though the case is closed? It was incurred pre-petition.

Re: Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition

FireMedic1 — Sat, 23 Mar 2019 23:29:33 GMT

While you should do your best to include all debts in your bankruptcy, it’s not uncommon for debtors to accidentally omit a creditor. If you do so in a no-asset Chapter 7 case, and the creditor doesn’t suffer as a result (isn’t “prejudiced by the omission”), most courts take a “no harm, no foul” approach and will still consider the debt discharged.

Re: Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition

Anonymous — Sun, 24 Mar 2019 00:01:15 GMT

Do I need to amend the filing or just give the hospital a copy of my discharge and tell them to kick rocks? It’s a no asset case so nobody got paid.

Re: Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition

Anonymous — Sun, 24 Mar 2019 13:37:10 GMT

I had this happen as well. I called the hospital billing department and gave them my bk case number, filing, and discharge date. It doesn't matter if they got the letter from the courts or not, they are included even if you forgot to list them.

Haven't heard a word since

Re: Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition

Anonymous — Mon, 25 Mar 2019 19:22:16 GMT

I called my lawyer this morning and they said that the Ninth Circut court has ruled that debts incurred pre petition but not included are still automatically discharged.
So I gave the hospital a copy of my discharge order. The front desk clerk was actually familiar with it and said “Yeah it should be wiped out because you have this discharge.”
Gave them my attorneys number just in case they need it and went on my way.

Re: Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition

FireMedic1 — Mon, 25 Mar 2019 20:45:07 GMT

Congrats!

Re: Bill For Pre BK Medical Debt That Was Not Included in Chapter 7 Petition

Anonymous — Wed, 27 Mar 2019 16:50:56 GMT

The bill online is reporting a zero balance now.
So either the insurance paid them (I doubt they did that quickly, they’re super slow) or they entered it as discharged in their system.