Friend driving me crazy!!!

[gthang12]

What is the name of your state? IL

Hi, sorry my friend is not understanding something and I just need somebody else to maybe explain it to him, but I told him at the fifth grade level and he is not listening!

He went through a bankruptcy which he had discharged back in late Dec, early Jan. He has gained more bills during and after his bankruptcy (all medical bills) which I told him I had the similar situation. He now has a collection agencies calling him about his medical bills constantly (which I told him would happen). My friend finally answered the phone when a collection agency called and I told him to ask for a validation of the debt since he was not sure on it. Apparently they stated to him that they would send it out to him and that they would call the trustee to report his bankruptcy case as fraud since he has gained more medical bills during and after his bankruptcy case was closed (its been 6 months now since it has been closed). Now don't get me wrong, I told him he was a dumb*** for ignoring them and not paying his medical bills, but seriously, I think that's pretty extreme for the collection agency to say something like that. I told him to check with his lawyer about the case, but just looking at pacer he case has been closed 6 months and his bankruptcy went smoothly. I just find it hard to believe that a collection agency would go that far to say something like that. I advised him that it is a scare tactic and that they will say anything to get a person to pay. He has been advised to get off is a** and start paying his bills considering the fact that all you need now is a discharged bankruptcy and a judgement on your credit report (should the collection agency decide to go to that extreme). Can someobody tell me im right on this or correct me if I am wrong on something...Thank you!!!!

 

[Who's Liable?]

All debts incurred BEFORE the discharge date has been discharged... ANY debt incurred AFTER the discharfe date is NEW debt and NOT discharged, and he is legllly liable for those debts...

As far as the creditor stating it is BK fraud is a stretch and used as a scare tactic... They would need to prove to the trustee of the fraud, something that will probably cost a lot of money...

Your "friend" needs to look at the dates of said debts to determine if they were incurred before or after his discharge...

 

[gthang12]

From the looks of it, all he had were two medical bills acutally dated a couple of days before he filed and the rest were incurred after he had already filed. The ones a coupleof days before he filed is something he forgot about because he was hospitalized during the time and didnt think of it much. Like I said, no shopping sprees, credit cards or anything of the sort, just medical. I believe even something that I posted in a similiar case Ladynred stated that medical is on a different level than credit cards, shopping sprees.

 

[Ladynred]

Apparently they stated to him that they would send it out to him and that they would call the trustee to report his bankruptcy case as fraud since he has gained more medical bills during and after his bankruptcy case was closed (its been 6 months now since it has been closed).

And THAT is pure horsesh**!! First of all, the Trustee is DONE with his case, there is nothing a collection agency can do at this point UNLESS they could PROVE fraud -- which they can not.

Medical debts are something one can rarely avoid. It's not as if he was out running up credit cards just before and during his bankruptcy. He might have helped himself more if he'd waited until the medical problems were OVER before filing BK.

Now, as you have told him, he is in deep doo doo. He cannot file BK again and now he has a bankruptcy AND new collections - so much for his 'fresh start', he's already blown that by not paying the medical bills. They can and likely WILL sue him unless he does something ASAP to pay them.

The CA can do nothing at this point, the stupid threat was a scare tactic. However, that doesn't mean he's not still in trouble -- he is-- he'll be sued and wind up with a judgment against him !

 

[gthang12]

thank you for your immediate repsonses whos liable and ladynred!