top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

What rights do I have after BK7

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    What rights do I have after BK7

    [4/4/2007] I converted my BK13 to BK7. I would like to know if I can include new debt in my BK7. Example: BK13 on 7/2000, converted to BK7 in 12/2000, now I may have a new debt back dated to 2004 that arose as a result of a reassessment. Can I include this in the original BK7, or would I need to do a new BK13? Thank you.

    #2
    I think you would have to request you case to be opened again to add a new/old debt that was missed when you originally filed. FEES hmmm, I'm sure.

    CMIYC
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

    Comment


      #3
      Originally posted by bk7done View Post
      [4/4/2007] I converted my BK13 to BK7. I would like to know if I can include new debt in my BK7. Example: BK13 on 7/2000, converted to BK7 in 12/2000, now I may have a new debt back dated to 2004 that arose as a result of a reassessment. Can I include this in the original BK7, or would I need to do a new BK13? Thank you.
      Only debts incurred before the Chapter 7 conversion are included in a Chapter 7 discharge. If the debt was incurred after the Chapter 7 conversion, it is not included in your original bankruptcy. You would have to file a new case if you want to discharge it - and it has to be in Chapter 13 if you want to file on or before 8 years from the date of your original filing in the case (i.e. sometime in 7/2008).
      DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

      Comment


        #4
        If your case was file pre-law change 2005, the debt may be discharged already "In re Mendiola"

        Basically stuff left off by accident gets discharged. The new law closed that loophole.

        The only claim the creditor has is they were left off intentionally. In that case, it's a few hundred bucks to have your case reopened and ammended.

        Comment


          #5
          Originally posted by spell View Post
          If your case was file pre-law change 2005, the debt may be discharged already "In re Mendiola"

          Basically stuff left off by accident gets discharged. The new law closed that loophole.

          The only claim the creditor has is they were left off intentionally. In that case, it's a few hundred bucks to have your case reopened and ammended.
          That may be true, but it sounds like this debt arose well after the BK. In any event, we need to know more about the debt and this "reassessment". what was the debt for, when did it "originally" arise, etc. The way the OP stated it in his original post, the debt in question occurred 4 years after the BK.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X