Incurred debts prior to 341 that came after.

[Mark80]

This is kind of moot at this point as it's been a few years since I filed. But I was reading through some other forums and noticed some "info" being given out that I didn't think was correct. Anyhow between the date I filed and my 341 I ended up going to the hospital. However the bills for the services didn't show up until a few months later due to going through insurance (so they weren't included). During that time I did shoot over an email to my attorney and she said nope, but as mentioned I am coming across some information that contradicts that. Such as someone is saying that you would no longer be responsible for any bills incurred during that window. HOWEVER I was always under the impression that debts had to be listed and filed in order for the creditors to dispute them (if wanted).

Any thoughts on this?

[justbroke]

Rule #1; don't take anything that you get from the Internet as 100% accurate. Rule #2, there are variations in laws and how different bankruptcy districts apply the law on top of the State non-bankruptcy and State bankruptcy laws (they have to coexist). Rule #3, ask a qualified attorney who practices in your State. Rule #4, if you don't like the answer received in Rule #3, please see Rule #1.

Having wrote that, this is my experience. Unless you filed a Chapter 13 and then converted to a Chapter 7, everything that happened after the date that you filed is new debt and is not dischargeable. That is from my actual experience.

Your attorney answered the question and is the correct resource to use. In my personal experience, the filing of a Chapter 7 sets a date which delineates between pre-filing and post-filing debt. Any debt accrued post filing is not included in the Chapter 7 bankruptcy. There's simply no way around that date (the petition date).

And we are back to Rule #1.

(How has it been going, okay otherwise?)

[despritfreya]

In a Chapter 7, debts incurred after the filing date (which is the order for relief) are not included in the already filed Chapter 7. The 341 Hearing date is not relevant.

See 11 U.S.C 727(b):

Except as provided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts that arose before the date of the order for relief under this chapter. . ."

(Emphasis added.)

Any "information" that contradicts the actual Bankruptcy Code is wrong.

Des.