QUESTION
How long does bankruptcy protection last?
Asked on Sep 02nd, 2014 on Bankruptcy - California
More details to this question:
I have been in bankrupt since 11 and last year I went to ER and I received a bill for $1300 which I cannot afford. Now it’s in collections and today a lawyer’s office sent me a collection notice. Does my bankruptcy help me in this situation?
9 ANSWERS
Collections Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
Any debt incurred after the bankruptcy was filed is not included in the bankruptcy and is not discharged.
Answered on Sep 04th, 2014 at 6:21 PM
Derek W. Freeman
Bankruptcy protection, or the automatic stay, lasts for the duration of the bankruptcy case. A Chapter 7 case typically takes about 4 to 6 months from start to finish. A Chapter 13 case will last 3 or 5 years. Once you receive a discharge, the automatic stay ends. If your are currently making payments in a Chapter 13 case, the automatic stay remains in effect, and your new creditor will be unable to collect through legal means - he will be unable to attach your employment income, for example, because it remains the property of the bankruptcy estate. If you are unable to make payments to this new creditor, you should probably try to get it included in the bankruptcy plan. To do this, you will need to obtain approval from the trustee, the creditor, and the court. At the very least you should notify your trustee.
Answered on Sep 04th, 2014 at 12:22 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Bankruptcy protects you from bills that occurred before you filed. After filing, the debts are on your own.
Answered on Sep 03rd, 2014 at 4:51 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Only debts incurred prior to the bankruptcy filing are dischargeable in your case. Any debt incurred after the bankruptcy case was filed is not part of the case. Typically either a payment arrangement or a settlement can be arranged. Propose a payment plan to the creditor if at all possible.
Answered on Sep 03rd, 2014 at 4:50 PM
It would be a pretty slick trick to file bankruptcy and to be allowed to continue to run up debts that you could discharge. A typical bankruptcy only eliminates debts made before the bankruptcy was filed, although there is a rare exception for someone in a Chapter 13 that converts to Chapter 7.
Answered on Sep 03rd, 2014 at 4:45 PM
No. Only debts up to the date of filing.
Answered on Sep 03rd, 2014 at 4:37 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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When you file a bankruptcy petition, it covers all debt that was incurred up to the date of filing. It does not protect you from debt that you incur after you file the petition.
Answered on Sep 03rd, 2014 at 12:11 PM
2 Awards
Only those debts that were due at the time you filed bk are included. Double check the status if your bk. if it's a 7 it should be closed by now. You can refile a 7 eight years after filing your first 7. I recommend trying to negotiate with the creditor for a monthly payment.
Answered on Sep 03rd, 2014 at 12:11 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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No. Bankruptcy allows you to discharge unsecured debts existing at time you file your petition. It does have any effect on debts you subsequently incur. It is retrospective, not prospective relief.
Answered on Sep 03rd, 2014 at 12:10 PM