Miarohanreed
New Member
I have filed for bankruptcy and it is pending discharge. Since the filing of my bankruptcy, several of my medical providers who were listed on my bankruptcy as my owing money to, have filed with Medicare for reimbursement of some of what is owed to them.
Normally, this would not be an issue since they could collect their part from Medicare and I would have no obligation to refund what Medicare paid to them, back to Medicare.
But, I also have a personal injury claim against the woman who injured me and caused most of those medical bills.
Under the law and because of coordianation of benefits, I am obligated to pay Medicare back anything that they pay out for my medical expenses if they are related to my auto accident.
My settlement is going to be much lower than normal since the woman who hit me was underinsured (carried $100,000 liability only). My attorney will get 1/3, Medicare will get 50%. I will be getting the least of all of them. I anticipate that my attorney will receive $33,000.00+; Medicare will be reimbursed $50,000.00 + and any remainder is mine. However, because some of those medical creditors are continuing to attempt to get reimbursed by Medicare, my amount (less than $17,000.00) is continually decreasing.
My attorney does not seem to understand my concern about this and claims he knows nothing about Medicare; he is only representing me on the bankruptcy and the personal injury. I feel that my concerns ARE a bankruptcy issue because I was told that once bankruptcy was filed and pending, collection efforts on the part of creditors is not allowed.
My question to you: Are not creditors, even those with previous medical authorizations to file with Medicare, BARRED from collection attempts AFTER they have been notified that bankruptcy has been filed and that they (as creditors) are among those listed on the bankruptcy papers?
Because they are continuing to pursue collection of money I owe them for treating me due to my auto accident through Medicare, EVENTUALLY, I will have to repay Medicare money that normally I would not have had to do so out of my settlement.
I feel as though my creditors are taking a "back door" approach to being reimbursed when normally, they are barred from continuing in any attempt to collect a debt since they are still pursuing reimbursement.
If they get paid by Medicare, Medicare in turn, comes back to me.
My attorney tells me that he is a personal injury/bankruptcy lawyer and knows nothing about Medicare. He seems to think that since they were given permission to bill Medicare as part of treating me, they can continue to do so. Most of these medical providers HAD NOT FILED YET with Medicare UNTIL they found out I listed them as creditors and filed for bankruptcy. They waited for six months and only did so when notified of the bankruptcy filing (discharge date is March 13,2007)
I feel that this issue is more about creditors continung in collection attempts after the filing of the bankruptcy.
Does Maryland law allow medical providers already listed and notified of a pending bankruptcy that they are listed on, to continue to attempt collection of the money owed to them by going through Medicare, whose premiums I am paying?
Thanks to anyone who takes the time to really understand my concern and is able to help me with this situation.:angel
Normally, this would not be an issue since they could collect their part from Medicare and I would have no obligation to refund what Medicare paid to them, back to Medicare.
But, I also have a personal injury claim against the woman who injured me and caused most of those medical bills.
Under the law and because of coordianation of benefits, I am obligated to pay Medicare back anything that they pay out for my medical expenses if they are related to my auto accident.
My settlement is going to be much lower than normal since the woman who hit me was underinsured (carried $100,000 liability only). My attorney will get 1/3, Medicare will get 50%. I will be getting the least of all of them. I anticipate that my attorney will receive $33,000.00+; Medicare will be reimbursed $50,000.00 + and any remainder is mine. However, because some of those medical creditors are continuing to attempt to get reimbursed by Medicare, my amount (less than $17,000.00) is continually decreasing.
My attorney does not seem to understand my concern about this and claims he knows nothing about Medicare; he is only representing me on the bankruptcy and the personal injury. I feel that my concerns ARE a bankruptcy issue because I was told that once bankruptcy was filed and pending, collection efforts on the part of creditors is not allowed.
My question to you: Are not creditors, even those with previous medical authorizations to file with Medicare, BARRED from collection attempts AFTER they have been notified that bankruptcy has been filed and that they (as creditors) are among those listed on the bankruptcy papers?
Because they are continuing to pursue collection of money I owe them for treating me due to my auto accident through Medicare, EVENTUALLY, I will have to repay Medicare money that normally I would not have had to do so out of my settlement.
I feel as though my creditors are taking a "back door" approach to being reimbursed when normally, they are barred from continuing in any attempt to collect a debt since they are still pursuing reimbursement.
If they get paid by Medicare, Medicare in turn, comes back to me.
My attorney tells me that he is a personal injury/bankruptcy lawyer and knows nothing about Medicare. He seems to think that since they were given permission to bill Medicare as part of treating me, they can continue to do so. Most of these medical providers HAD NOT FILED YET with Medicare UNTIL they found out I listed them as creditors and filed for bankruptcy. They waited for six months and only did so when notified of the bankruptcy filing (discharge date is March 13,2007)
I feel that this issue is more about creditors continung in collection attempts after the filing of the bankruptcy.
Does Maryland law allow medical providers already listed and notified of a pending bankruptcy that they are listed on, to continue to attempt collection of the money owed to them by going through Medicare, whose premiums I am paying?
Thanks to anyone who takes the time to really understand my concern and is able to help me with this situation.:angel
Last edited:
