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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  JD, MBA
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Primax attempting to collect incorrect subrogation total, several

Resolved Question:

Primax attempting to collect incorrect subrogation total, several of the listed charges are not related to accident. No record of a perfected lien filed with state. The ER statement was incorrectly rated, after payment from my insurance the remaining was balanced billed to patient. I requested the collection agency to send me hard of the “subrogation clause policy” listed in the 2004-2005 Employee health insurance agreement I signed. I received Employee health insurance agreement for 1996, I was not an employee in 1996 – I started in 2003. The collection agency asked me to forward the correct agreement to them for their records. Furthermore in Jan 2007, we filed bankruptcy CH7 and Primax was notified and did not file proof of claim or address the debt with the bankruptcy trustee or court. Our bankruptcy was discharged May 2007. I need to know what I can do to bring these issues to light.

Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “in Jan 2007, we filed bankruptcy CH7 and Primax was notified and did not file proof of claim”

Answer: What I quoted above is a very important fact. If the debt was listed in the bankruptcy, then it was discharged unless Primax successfully argued that it should be excepted from discharge. Since that didn’t happen, Primax should be made aware that it is enjoined from collection activities via the following law:

§ 524. Effect of discharge

(a) A discharge in a case under this title—

(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived;

You can also review this from the US Court’s website:

What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.

Therefore, you should file the motion mentioned above and ask the court to address Primax.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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