Q: If a patient files chapter 7, but then wants to pay the amount that we wrote off, is that legal?
My name is Shawn and I am the Patient Accounts Manager for a Dental Provider. We have a patient that filed a 7 in 2010 while separated from her now ex-husband. We wrote off her account, her biological child (his step-son)and two children with her and the ex-husband. She now has come and asked to set up a payment plan on those balances saying her attorney told her she could. I didn't think this could be done. Further more since she is the only one that filed bankruptcy and was still technically married at the time, and he is listed as the responsible party, can he still be held liable for any of the debt for the children's medical expenses? I have advised the patient that the write off does not effect her standing with the provider, but she again states that she wants to pay and her attorney advised her that she could, but I thought that was a reaffirmation and had to be done before the discharge? Thank you in advance for your assistance with my question.
A: A: It is legal and frequently done. Though the prior bill is discharged, the doctor can decline to provide future services. This can present a problem if a patient is in the middle of a procedure. Thus, many patients reaffirm or continue to pay their doctor(s), even though they are no longer obligated.
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