I am filling in for someone at work and I have some patients telling me that because they filed for Chapter 7 or 13, they do not have to pay for any charges, even after the discharge date on their Bankruptcy paperwork. From everything that I have read, the debts to be discharged are only those prior to the discharge date from the Court. Can someone please help me? Thank you.
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Of course they are liable for any debts incurred after the date of discharge!
If they are collectible or not might be questionable... -
Only debts incurred prior to the date of filing are included in the Ch 7 BK estate.
The date of filing is what sets a BK estate.
Unless a case was dismissed and refiled then you might have some issues.
Look at the date of service, if the date of service was before the filing date, then it can be included. Debt incurred after discharge is not included in BK. Debt incurred after filing, typically no, unless it is something like interest added to a previously scheduled debt.Comment
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The important date is the date of filing.
If you provided a "new" service to a debtor "after" the case was filed (and especially after the discharge), the client is liable to pay. If the charges you are referring to are things like late fees etc from a debt that preceded the Bk, (1) you should not be doing that, (2) the debtor would not be responsible.Comment
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