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Debt incurred after filing for Chapter 7 bankruptcy, but before meeting of creditors
Anonymous5 views5 answers
If you owed debt to a doctor's office after your filed for bankruptcy (your doctor's appointment was after you filed for bankruptcy), but before the meeting of creditors, could this debt be included as part of debts discharged? I thought something was covered or didn't receive a bill in the mail until after my meeting of creditors although the debt was owed before the meeting of creditors. I thought I heard that even if you forget to list a debt in the schedules, bankruptcy discharge can still apply to it.
Please review this with your attorney. You are mixing up two different concepts. Debts which arose after the bankruptcy cannot be discharged in that bankruptcy. If the bill to the doctor is substantial, there may be a way to file another Chapter 7, but this is something to be discussed with an attorney prior to taking any action.
Generally speaking, Mr. Brewer is quite correct that post-petition obligations are not dischargeable. If this was, in fact, a pre-petition debt you could amend Schedule F to put the interim trustee and creditors on notice. You may wish to state on the record that this creditor was omitted when you testify at the section 341 creditors meeting. Speak to your attorney about how best to proceed in your specific situation before you do anything.
Michael Christopher BurrChapter 13 Bankruptcy AttorneyChicago, IL ·
As stated already, the filing date is the dividing line between discharged and not discharged. Some doctor's however are not that aggressive so you might be able to send notice of your bankruptcy to them and get lucky. Maybe they will go away.
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Just about anything that happens in a bankruptcy keys on the petition date, which includes debts that are discharged, assets that are considered exempt or are an asset of the bankruptcy estate, etc. Thus, any debt you incur after the petition date is post petition debt and post petition debts are not discharged.
The only exception that I can think of would be if you convert your case from a chapter 7 to a chapter 13. When a case is converted, debts that were incurred post petition but prior to the conversion date are debts that are included in the bankruptcy discharge unless the creditor has grounds to object to the discharge of its debt, the creditor does object and the court rules in the creditor's favor or if the debt is the type that is automatically not discharged such as most taxes, most student loans, child support and alimony.
I agree with my colleagues. The petition date usually governs. I would also point out that you may be able to work with the Trustee and the doctor's office to negotiate a settlement of the debt which is lower even in spite of the petition date occurring prior to the date the new debt was incurred.
You also do not mention whether the services were rendered prior to the petition date. If they were, they would normally be part of the bankruptcy, but it would depend upon whether they were incurred in the lookback period.
