QUESTION
Can medical bills from surgery be collected after I've already filed Chapter 13 bankruptcy?
Asked on Jul 09th, 2012 on Bankruptcy - New Jersey
More details to this question:
I had surgery recently. My cost was $1233.00 (Paid in full before surgery). Now the Surgical Center wants $200.00 more. Am I protected under Chapter 13, which I filed over a year ago?
19 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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No. You cannot add a creditor whose debt was incurred after the filing to a chapter 13 case.
Answered on Aug 27th, 2012 at 3:56 PM
No, but your provider seems to be unduly aggressive, especially over a relatively modest sum. This is one of those 'just say no' moments.
Answered on Aug 13th, 2012 at 12:51 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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I would need more details in order to answer your question more fully. Did you file for bankruptcy before or after having the surgery? If you filed for bankruptcy after having the surgery, did you list the surgical center as a creditor in your bankruptcy paperwork? If you filed for bankruptcy and had the surgery later, those expenses are probably not covered by your bankruptcy and they can still collect from you. However, you should contact the bankruptcy attorney that filed your chapter 13 and explain your situation. Depending on how your chapter 13 is currently set up, you may be able to get a modification to your repayment plan in order to free up some funds to pay the extra $200.
Answered on Aug 10th, 2012 at 11:52 PM
Meredith P. Ezzell
Unfortunately you are not protected from a medical bill that is incurred post-petition, only those debts that were incurred prior to the filing are included.
Answered on Aug 10th, 2012 at 5:44 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You would probably amend your plan to include that claim and pay whatever percent you are paying other unsecured creditors.
Answered on Aug 10th, 2012 at 5:44 PM
Burton J. Green
Assuming you listed this medical account in your schedule of unsecured creditors and this $200.00 was for services prior to the date you filed bankruptcy, then the debt should be paid through your chapter 13 plan. If this is the case you or your attorney should notify the creditor about ceasing efforts to collect the debt.
Answered on Aug 10th, 2012 at 5:43 PM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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Bankruptcy addresses those debts that existed at the time that you filed. Any debts incurred after the date of filing are considered post-petition debts and are not dischargeable through the earlier bankruptcy.
Answered on Aug 10th, 2012 at 5:42 PM
Bankruptcy Attorney serving Turnersville, NJ
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Law Office of Joseph J. Rogers
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Yes, if the bills were incurred after you filed the bankruptcy they are a post-petition debt and the creditor could collect them. There may be some limitations on them attaching income and assets since they still may be an asset of your bankruptcy estate.
Answered on Aug 10th, 2012 at 5:42 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If services were provided prior to the chapter 13 they can be included in your chapter 13. There might be a problem, however, since the deadline for filing claims will have already passed. The chapter 13 trustee might not allow the debt to be paid. If that is the case you might want to send a letter to the creditor anyway. The creditor might be dissuaded from pursuing its claim.
Answered on Aug 10th, 2012 at 5:41 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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If the debt was incurred prior to filing Chapter 13 then yes. Be certain it is included in your Chapter 13
Answered on Aug 10th, 2012 at 4:10 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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If you had the surgery after you filed your chapter 13 petition, you cannot include the surgery bill in the bankruptcy unless the Surgical Center agrees to it.
Answered on Aug 10th, 2012 at 3:00 PM
No. Liabilities incurred BEFORE your bk was filed are the only ones included.
Answered on Aug 10th, 2012 at 3:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Speak with your bankruptcy attorney, generally you are not protected from post-filing medical expenditures that your are the current light and phone bills.
Answered on Aug 10th, 2012 at 2:59 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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They were listed. No they cannot collect but make sure they were listed as a creditor.
Answered on Aug 10th, 2012 at 2:59 PM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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The debt was incurred after filing so you are fully liable. It would be best to pay it in full outside the 13.
Answered on Aug 10th, 2012 at 2:29 PM
If the debt is a "new debt", meaning it was incurred after the filling, then no, it is not part of your Chapter 13.
Answered on Aug 10th, 2012 at 2:28 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Speak with your attorney. If you filed without one, you may be out of luck. Talk to the trustee's office.
Answered on Aug 10th, 2012 at 2:22 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You are protected if the creditor was also listed on the bankruptcy schedules and had notice of the filing.
Answered on Aug 10th, 2012 at 1:54 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Absolutely yes. If you are in an active BK13, and the surgery was pre-petition, the debt would need to be included in the 13. Have Counsel file an Amendment, serve the Creditor with the 341 Notice, and make sure they file a Proof of Claim.
Answered on Aug 03rd, 2012 at 9:44 AM