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    Debt after bk file date.

    is it at all possiable to put a creditor on the bk if it was incurred right after bk what if I tell them I filed bk and added their debt is that legal? Because most creditors dont really check into the bk file they just write the debt off because the amount is usualy not worth the time and effort it takes to dispute it so by telling a creditor that is it a crime? I overdrew my checking acct in the month after filing bk and it has never recovered.
    Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

    #2
    You dont want to risk that, because what if they really do check? You can always add a debt, but that would mean having your case re-opened and additional fees to boot!

    Best of Luck, CMIYC

    I owed the IRS $5000 after I just filed Bk, and got discharged. But I was able to set up a repayment plan with them. (( I wouldn't of been able to include them in my Bk anyways )). Can you set up a repayment plan to that creditor? Small monthly payments?
    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 familyof7 View Post
      is it at all possiable to put a creditor on the bk if it was incurred right after bk what if I tell them I filed bk and added their debt is that legal?
      Adding a debt that was incurred after you file, even just one day after you file, is bankruptcy fraud. You don't want to go there.

      Because most creditors dont really check into the bk file they just write the debt off because the amount is usualy not worth the time and effort it takes to dispute it so by telling a creditor that is it a crime?
      Yes, if you amend your filing by lying to say the debt came before your filing when it didn't and you get caught, you could very likely find your case discharged with prejudice by your trustee which means you could never get rid of all the debt you filed - not just this one. And let's not even mention the potential legal penalties (including large fines and jail time) for submitting a false filing. It just isn't worth it.

      What's this bill for? How much is it? Will the creditor work with you on a payment plan?

      I'm worried that you just filed bankruptcy and are still not able to make ends meet. Is it because not enough time has passed since you filed?
      Last edited by lrprn; 07-18-2007, 08:14 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        ooooh, i didn't catch that one ! it was incurred AFTER the BK ! well guess you start out being in debt again .. hopefully its not much !

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

        Comment


          #5
          Originally posted by familyof7 View Post
          is it at all possiable to put a creditor on the bk if it was incurred right after bk what if I tell them I filed bk and added their debt is that legal? Because most creditors dont really check into the bk file they just write the debt off because the amount is usualy not worth the time and effort it takes to dispute it so by telling a creditor that is it a crime? I overdrew my checking acct in the month after filing bk and it has never recovered.
          Don't do that. Trying to lie and add a debt you incurred after filing is bk fraud bigtime. Even telling the creditor/whomever you incurred the debt with that you filed bk and their debt was included is again ground for fraud. If you have told this creditor that already, I would be getting in touch with them and correcting yourself and working our some sort of agreement for payback. Somehow you are going to have to get your checking account under control, but you are going to have to do it the hard way. Otherwise, you risk so much more.
          "Try to save money. Someday it may be valuable again." - Anonymous

          Comment


            #6
            No I have not told them yet. No it is not much. It is nsf overdraft fees.It all stems from the house fire I just recently had.I overdrew my account trying to feed my kids until we get reimbursed from insurance. The insurance only pays what we were out of pocket no extra fees. So no extra money for the nsf fees.I guess I will figure something out.
            Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

            Comment


              #7
              Borrow from friends or relatives.

              Comment


                #8
                I feel your pain, Fo7. Twelve days after we filed Ch 13, I had an emergency hospitalization - 3 days long, lots of tests and treatments. Final bill was $11,000 - we have decent health insurance but between the deductible and required out of pocket plus out of network fees, we still ended up owing $2,500 ourselves.

                Our lawyer spoke with our trustee who said it was ok to make arrangements with the hospital and doctors for payment plans. We were lucky and were able to arrange to pay what we could afford each month if we were very careful. By the end of this year we will finally pay off the last of the bills. It's been rough, but we're going to make it. You can too.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  For chapter 7's, I don't think you can add after-acquired debts to your BK (i.e. debts incurred after the date you file), but honestly, I would have to do more research. Swirling in the back of my mind is the idea that you can add after-acquired debts so long as your case is not discharged, but like I said, this point would have to be researched.

                  However, for Chapter 13's, you can add after-acquired to the chapter 13 payment plan. After-acquired debts in a chapter 13 become priority claims in your amended plan.

                  Comment

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