What to do if I had surgery through a center that was out of network, so my insurance company sent me the check and I cashed it but did not pay the center?

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What to do if I had surgery through a center that was out of network, so my insurance company sent me the check and I cashed it but did not pay the center?

They are pursuing the debt through collections. Is it possible to include the amount owed (about $5,000) in my bankruptcy?

Asked on June 19, 2012 under Bankruptcy Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You needed to pay that debt. The insurance company actually should have sent the money directly to the medical provider. If they are pursuing the debt through collections and you include it in your bankruptcy, it may not be discharged. You need to talk with a lawyer about what to do in this situation because if this occurred within a short time of filing bankruptcy, you may actually not be able to include it in your bankruptcy or the court and trustee will want to know where you spent the proceeds.


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