Hi Group. I have a question regarding a collection agency and my CH. 7
Bankrtuptcy. I am in Florida.

I filed CH. 7 bankruptcy in August 2003, and it was discharged in
October 2003. In April of 2003, I had to go to the emergency room at a
local hospital. My insurance covered most of the bill, and there is
$212.75 left over that a secondary insurer was supposed to cover.
Apparently, the secondary denied it because it didn't meet their
deductible. I have no problem with that. Well, the hospital somehow had
a completely non-existent address for me. The location does not exist.
The street number and zip code were correct, but the street name does
not exist. Anyway, I never received notice about this bill until I
happened to call the hospital yesterday to inquire about a different
visit. I offered to pay it over the phone, but the rep said that it had
been transferred to a collection agency.
I called the CA and informed them that the address they had was
incorrect, and that is why I have never received a notice from the
hospital or them. The CA rep told me they just acquired the debt last
month.

I guess what it boils down to is this; was my debt with the hospital
automatically discharged with the rest of my debts even though it was
not listed in my schedule of creditors? Are there any special forms that
need to be completed to include this? How do I prove to the CA that they
have an uncollectible debt, if in fact it was discharged?

The attorney I had for my proceedings has moved out of state. I'd rather
not have to pay for a consulation on how to handle this. Any pro bono
advice is greatly appreciated.

PS: There was also a visit to the ER on Aug. 1, a week before I filed.
As I understand it, there is about $180 left outstanding that is being
rebilled to the secondary insurance for that visit. If that does not
cover it, is this amount handled the same way?

Thanks

In most states (and I don't know if Florida is one), *all* dischargeable
debt existing as of the date of filing is discharged in a Chapter 7 no-asset
bankruptcy, listed or not. Sending a copy of the Notice of Discharge to the
CA should take care of the problem.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
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* BRETT WEISS, P.C. *
* Attorneys at Law *
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************************************************** ***************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************

"none" <none@here.com> wrote in message
news:mCCUb.5286$4X.327901@twister.tampabay.rr.com. .. Hi Group. I have a question regarding a collection agency and my CH. 7 Bankrtuptcy. I am in Florida. I filed CH. 7 bankruptcy in August 2003, and it was discharged in October 2003. In April of 2003, I had to go to the emergency room at a local hospital. My insurance covered most of the bill, and there is $212.75 left over that a secondary insurer was supposed to cover. Apparently, the secondary denied it because it didn't meet their deductible. I have no problem with that. Well, the hospital somehow had a completely non-existent address for me. The location does not exist. The street number and zip code were correct, but the street name does not exist. Anyway, I never received notice about this bill until I happened to call the hospital yesterday to inquire about a different visit. I offered to pay it over the phone, but the rep said that it had been transferred to a collection agency. I called the CA and informed them that the address they had was incorrect, and that is why I have never received a notice from the hospital or them. The CA rep told me they just acquired the debt last month. I guess what it boils down to is this; was my debt with the hospital automatically discharged with the rest of my debts even though it was not listed in my schedule of creditors? Are there any special forms that need to be completed to include this? How do I prove to the CA that they have an uncollectible debt, if in fact it was discharged? The attorney I had for my proceedings has moved out of state. I'd rather not have to pay for a consulation on how to handle this. Any pro bono advice is greatly appreciated. PS: There was also a visit to the ER on Aug. 1, a week before I filed. As I understand it, there is about $180 left outstanding that is being rebilled to the secondary insurance for that visit. If that does not cover it, is this amount handled the same way? Thanks

Brett Weiss wrote:
In most states (and I don't know if Florida is one), *all* dischargeable debt existing as of the date of filing is discharged in a Chapter 7 no-asset bankruptcy, listed or not. Sending a copy of the Notice of Discharge to the CA should take care of the problem.

Thank you for your response. You have been very helpful in answering so
many questions on this board.

Brett Weiss wrote:
In most states (and I don't know if Florida is one), *all* dischargeable debt existing as of the date of filing is discharged in a Chapter 7 no-asset bankruptcy, listed or not. Sending a copy of the Notice of Discharge to the CA should take care of the problem.

Mr. Weiss,

I posted the same question on the creditnet.com discussion board, and I
have 2 people, presumably not attorneys, that say that the debts are not
automatically discharged.

Since I have no way of contacting my previous attorney who handled this,
can you direct me to a website that may discuss this topic under Florida
law? I have tried some google searches, but I am coming up empty.

Thanks

"The chapter 7 discharge order eliminates a debtor's legal obligation to pay
a debt that is discharged. Most but not all types of debts are discharged if
the debt existed on the date the bankruptcy case was filed."

from the general summary of the bankruptcy discharge

After that paragraph there is an explanation of debts that are not
dischargeable. You should have this on the backside of your of your Florida
discharge. It has one that appears rather vague, "f. Some debts which were
not properly listed by the debtor;" but clarifies on "g. Debts that the
bankruptcy court specifically has decided or will decide in this bankruptcy
case are not discharged".

I am not an attorney, just telling you what chapter 7 discharge says on
final decree.

Wendy

"none" <none@here.com> wrote in message
news:VeXUb.56793$fH2.25179@twister.tampabay.rr.com ... Brett Weiss wrote: In most states (and I don't know if Florida is one), *all* dischargeable debt existing as of the date of filing is discharged in a Chapter 7
no-asset bankruptcy, listed or not. Sending a copy of the Notice of Discharge to
the CA should take care of the problem. Mr. Weiss, I posted the same question on the creditnet.com discussion board, and I have 2 people, presumably not attorneys, that say that the debts are not automatically discharged. Since I have no way of contacting my previous attorney who handled this, can you direct me to a website that may discuss this topic under Florida law? I have tried some google searches, but I am coming up empty. Thanks