QUESTION
How can I add debt that has incurred after one year into the bankruptcy?
Asked on Jun 20th, 2012 on Bankruptcy - Michigan
More details to this question:
I filled a chapter 13 in October of 2008. I had a stroke and wasn't able to return to work and could not afford cobra payments. I was able to get social security disability but had to wait 24 months to get medicare. I got sick again and had to be hospitalized. I had no insurance coverage so I incurred a 14,000 bill. Can I add this to my chapter 13 if the bill was incurred a year after my petition was filed?
13 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You cannot add debts that were incurred after you filed for bankruptcy.
Answered on Jul 09th, 2012 at 10:26 PM
Burton J. Green
I don't believe that you can. If you are not represented by an attorney, talk to the chapter 13 trustee about the problem. Chapter 13 is voluntary. You will be able to either dismiss the chapter 13 and re-file later if necessary. You can then include all of the debt as of the date you refile. You also may be able to convert the 13 to a chapter 7. This new debt will be included in the chapter 7 debt. Since I do not know why you were in chapter 13 originally, I can't really advise you on what to do.
Answered on Jul 03rd, 2012 at 12:10 PM
You cannot add post filing debt to your already existing chapter 13 plan.
Answered on Jul 02nd, 2012 at 3:23 PM
No. All you can do is file a Petition to Amend and hope that the creditor voluntarily agrees to file a late filed claim in your Chapter 13 case that the Chapter 13 Trustee does not Object to for being late filed. If the filing of the claim does not effect the amount paid to other creditors, the Trustee may just let it come into the Plan.
Answered on Jul 02nd, 2012 at 3:05 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I am not sure your bankruptcy is still active. If you have no income, or very little, why not convert to a chapter 7 to discharge your bills. Bankrutcy assumes you will pay all bills incurred after filing.
Answered on Jun 29th, 2012 at 11:18 PM
No, you can not add it but you may be able to modify your payment plan amount to compensate for the new bill.
Answered on Jun 29th, 2012 at 10:51 PM
It cannot be done. You would have to dismiss your current case and refile.
Answered on Jun 29th, 2012 at 10:51 PM
No, you can't. That begs the question of why you are still in a 13 after all this calamity in your life. Have you thought about converting to 7, or just dismissing the 13, then waiting 6 months and refiling the case as a 7. That last step would do the trick. Maybe there is some great advantage to the chapter 13 and if there is, then the other 2 ideas won't fly. But at least talk with your chapter 13 lawyer about this and see what he/she says.
Answered on Jun 29th, 2012 at 8:05 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Bills incurred after chapter 13 cannot be added to your plan payment.
Answered on Jun 29th, 2012 at 6:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Since there has been a drastic decrease in your income after filing a chapter 13, you may want to consider getting the case converted to a chapter 7. You should speak with the attorney who filed the chapter 13 for you. If you have no attorney, you should get one quickly.
Answered on Jun 29th, 2012 at 6:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should have had a bankruptcy attorney for your chapter 13 that I would suggest that you consult with that practitioner as they would be the most familiar with the entirety of your circumstances. Otherwise it would be wise for you to get all of your files and bring them in for a consultation as your rights will be somewhat determined by your individual situation and circumstances. Generally, debts which were incurred following a bankruptcy are not covered in the filing or discharge, if any.
Answered on Jun 29th, 2012 at 5:31 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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You can't add the debt to your Chapter 13 because it was incurred post-petition. If you are eligible to convert to Chapter 7 then you could add it when you convert. Another option is to dismiss and refile. I recommend contacting your bankruptcy attorney for your best option.
Answered on Jun 29th, 2012 at 5:29 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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If you are converting to a chapter 7 you can add the new debt.
Answered on Jun 29th, 2012 at 5:29 PM