Legal Question in Bankruptcy in California

If I file a chapter 13 bankruptcy and then convert to a chapter 7, what happens to the debts I created after I file the chapter 13?


Asked on 8/26/10, 2:10 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

They're still yours. Only debts that existed prior to the filing of the Petition for Relief will be discharged. Did you obtain court permission to borrow funds while in the bankruptcy? Your other option is to dismiss and refile as a chapter 7 - assume you qualify at this time for chapter 7 relief - to avoid those debts incurred post-filing.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 8/31/10, 4:28 pm
David Gibbs The Gibbs Law Firm, APC

So, it was brought to my attention that my answer to this question is in fact incorrect. I apologize to the poster who asked the question. Frankly, my response was a very quickly typed response, and I assumed (as is very often the case in consumer cases) the debt incurred post-petition was not authorized by the bankruptcy court, in which case the creditor may have grounds to object to inclusion in the discharge based on 11 U.S.C. �348(d). I should not have jumped to that conclusion, and just answered the question asked. Again, I apologize to the poster.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 9/07/10, 9:20 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California