QUESTION
If my Chapter 7 was discharged, can I still reopen it due to emergency?
Asked on Sep 21st, 2014 on Bankruptcy - New Jersey
More details to this question:
My Ch 7 was discharged last December 27, 2013. I had emergency medical bills worth $37,000 in April 2014. Can I reopen the Ch 7?
11 ANSWERS
Are you talking about reopening your bankruptcy to include bills made after your Chapter 7 was filed? ?Cause it doesn?t work that way, my friend. Any bill you have made after you file bankruptcy is yours to keep.
Answered on Sep 24th, 2014 at 4:13 PM
Your bankruptcy Discharge can only discharge debts that existed on the date that you filed the petition. Since these new medical bills arose long after your bankruptcy filing, they cannot be covered by your prior Discharge.
Answered on Sep 23rd, 2014 at 6:51 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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I'm sorry to hear this has happened to you but only debts incurred before the bankruptcy case was filed are dischargeable in that case. This is one of the risks I discuss with potential clients who don't have health insurance. It's very unfortunate but this debt cannot be added to your previous case.
Answered on Sep 23rd, 2014 at 6:50 PM
A Chapter 7 bankruptcy will discharge debts incurred prior to the filing of the bankruptcy petition. Debts incurred after the filing of the petition are not discharged. You have the right to file a Chapter 13 petition. However, you are not entitled to a discharge order, unless four years have passed between the chapter 7 filing and the chapter 13 filing.
Answered on Sep 23rd, 2014 at 2:30 PM
No, that is not possible. Your best course of action is to negotiate monthly payments you can afford.
Answered on Sep 23rd, 2014 at 11:49 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You may only discharge debts which were in existence at the time you filed the bankruptcy petition. Even if you can reopen the bankruptcy case, you cannot discharge a debt which you incurred post filing.
Answered on Sep 23rd, 2014 at 11:07 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Only debts that were owing on the date of the filing your Chapter 7 are included. Debts incurred afterward are not included. Opening your bankruptcy would serve no purpose because the medical debts were not owing at the time you filed. Sorry.
Answered on Sep 23rd, 2014 at 11:06 AM
Derek W. Freeman
You can reopen a chapter 7 case, but not for post-petition debts. One thing you might want to look into is filing a chapter 13 so that you can enter into a payment plan to pay your creditor. You will not receive a discharge, but it may provide some relief. You will need an attorney to help you.
Answered on Sep 23rd, 2014 at 10:49 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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The debts that you acquired after you filed your Chapter 7 petition cannot be included in the discharge, so opening your case would be of no value to you.
Answered on Sep 23rd, 2014 at 10:06 AM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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A bankruptcy case can be reopened, but this is not a reason. Bankruptcy only eliminates debts that were incurred before the actual filing of the case. So, it won't work. You could file Chapter 13 Bankruptcy if you need some relief, but there are problems with that as well. So, call a good bankruptcy lawyer ASAP to discuss your situation.
Answered on Sep 23rd, 2014 at 10:05 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Negative. Even if you could re-open, those bills are post petition, so they would not be part of it.
Answered on Sep 23rd, 2014 at 10:05 AM