Legal Question in Bankruptcy in Georgia
Can we collect from a patient who has filed chapter 13?
2 Answers from Attorneys
If a person has filed bankruptcy, any contact with that person is usually contempt and a violation of federal law. You can be expect to be heavily fined if you do.
In such cases you would need to hire a lawyer and file a proof of claim with the court. In a chapter 13 you may get paid something (or zero) depending on the plan. If you don't file a proper claim you get paid zero.
The short answer is yes. Unlike a Chapter 7 which gives a debtor a complete discharge from debt, a Chapter 13 gives a debtor an opportunity for a fresh start but also requires the debtor to adhere to a supervised repayment plan.
As a creditor, (someone owed money), your company should be listed on the debtor's Mailing Matrix, which is a detailed list of who money is owed to. This matrix is filed with the petition itself. All individuals and companies listed on the matrix will receive notice of the "341" meeting which takes place a little over a month after the bankruptcy petition is filed. At the meeting creditors can express their position to the bankruptcy trustee. Throughout the repayment period the trustee will supervise the performance of the debtor, i.e. whether he/she adheres to the repayment plan.
In sum, although you are not allowed to contact the debtor directly due the the "automatic stay" on collection activity. You will have an opportunity to validate your bill and you should receive some measure of compensation for your outstanding debt. For more specific information, it is wise to retain legal counsel.
Good luck,
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