Can You Add Debt to an Active Bankruptcy?
- Post-petition debt is debt incurred after you have filed your bankruptcy case. This debt is not included in your bankruptcy case and cannot be forgiven. This includes any credit card purchases made after you've filed your case or any services you receive after the case has been filed. These debts will remain after the case has been discharged, and you are responsible for paying these bills, including any interest fees.
- If an emergency situation arises, such as emergency medical care, and your bankruptcy case is still active, it is sometimes possible to add these debts to a bankruptcy case with the approval of a judge. A bankruptcy attorney must amend the petition and file a motion with the court. If approved, the emergency debt can be included in the bankruptcy case after the case has been filed.
- A personal bankruptcy case must be filed in the state that you live in. Depending on what type of debt you have, you will either make payments on the debt while under bankruptcy protection or have any unsecured debt immediately wiped out. Chapter 13 bankruptcy case allows you to make monthly payments on any secured debts, such as car payments or taxes, while a Chapter 7 case will not discharge secured debts.
- All bankruptcy cases cover pre-petition debt, meaning debt that was incurred before the bankruptcy petition was filed. Any bills dated before the petition date are included in the bankruptcy proceeding, and this includes interest incurred on those debts. All debts must be listed in your bankruptcy petition in order for them to be included. If you forget to list a creditor, you may amend your petition to include that pre-petition debt in your bankruptcy case.
Post-Petition Debt
Emergency Situations
Personal Bankruptcy
Pre-Petition Debt
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