Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-18-2006, 05:32 PM
Junior Member
 
Join Date: Feb 2006
Posts: 1
Angry

Bankruptcy and collection issues


What is the name of your state? TN, issue from SD-

In Jan. 2001, my wife used our health insurance to purchase diabetic supplies from a home medical store through a local hospital. The claim wasn't filed with insurance until February. The company I was working for, and had the insurance through, filed for bankruptcy in August 2000 and closed its doors Feb 1, 2001. According to the insurance company, the policy was self-funding, and payments could not be made on any claims after Jan 31st. The bankruptcy hearing is still going on, and I have filed a petition with the court for payment of the supplies. The problem is this- we have been notified via mail today that the balance for those services of $1300+ has been turned over to collection. Where does fault lie within this? Is it the medical center's fault for not filing the claim in a timely manner? Is it the insurance company dodging payment, claiming the cut-off date as an excuse (date of service rather than date of filing)? Are we liable for this payment while it is in bankruptcy hearings? Please advise as soon as possible.

Thank you for the help,
  #2  
Old 02-18-2006, 05:39 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,057
Quote:
Originally Posted by janda00
What is the name of your state? TN, issue from SD-

In Jan. 2001, my wife used our health insurance to purchase diabetic supplies from a home medical store through a local hospital. The claim wasn't filed with insurance until February. The company I was working for, and had the insurance through, filed for bankruptcy in August 2000 and closed its doors Feb 1, 2001. According to the insurance company, the policy was self-funding, and payments could not be made on any claims after Jan 31st. The bankruptcy hearing is still going on, and I have filed a petition with the court for payment of the supplies. The problem is this- we have been notified via mail today that the balance for those services of $1300+ has been turned over to collection. Where does fault lie within this? Is it the medical center's fault for not filing the claim in a timely manner? Is it the insurance company dodging payment, claiming the cut-off date as an excuse (date of service rather than date of filing)? Are we liable for this payment while it is in bankruptcy hearings? Please advise as soon as possible.

Thank you for the help,
Q: Are we liable for this payment while it is in bankruptcy hearings?

A: Yes. The folks you got the stuff from are not involved in this drama. They just want their money for the stuff you bought from them.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 02-19-2006, 01:06 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
If the claim was filed within a month, that is hardly considered untimely filing on the part of the insurance company or the providers. The fact is, filing insurance claims for the insured is a COURTESY, you are still responsible for payment.

I would suggest you make the payment, and continue to get your claim paid thru the bankruptcy proceedings.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:25 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.