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    #1

    Post Petition Debts

    Got a client who had an accident 3 days after we filed our petition, though they didn't mention it till after the 341.

    Now pondering how to help them with possible liability due to medical bills and accident.

    Only path I see is dismiss and refile, but we had income issues making it past the 341, so I'm not sure I want to take that route.

    Any ideas ?
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    #2
    Is it possible to file an amended petition post 341 and include those medical providers?
    Filed Chapter 7: 7/3/09
    341 Hearing: 8/6/09 - Went Smoothly!
    Discharged: 11/30/2009
    Closed: 12/16/2009

    Comment

      #3
      Originally posted by 2manybills View Post
      Is it possible to file an amended petition post 341 and include those medical providers?
      I think not because the injuries occurred three days AFTER the petition was filed. We were told that anything that happened BEFORE we filed, would be on the petition to be discharged. Anything that happened after the date of filing is NEW debt and couldn't be included.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment

        #4
        Originally posted by AngelinaCat View Post
        I think not because the injuries occurred three days AFTER the petition was filed. We were told that anything that happened BEFORE we filed, would be on the petition to be discharged. Anything that happened after the date of filing is NEW debt and couldn't be included.
        Hey, you're the lawyer, but I have to concur with my wife. (I HAVE TO).

        If it were one minute before with paperwork time stamp they would be clear.

        Even if you backed out of bk, you would have to do this with a Judge approval (as you well know). Refiling later could then cause a presumption of fraud as many Trustees (who have seen it all) would pick up on. Perhaps after a Chapter 7 for what they now owe, then a Chapter 20 for the difference. (7 + 13). This would allow them to pay the bill slowly. I sure hope they had insurance. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

          #5
          [QUOTE=AngelinaCat;405523]I think not because the injuries occurred three days AFTER the petition was filed.

          Read right past 3 days "post". Hazards of being on a computer all days!
          Filed Chapter 7: 7/3/09
          341 Hearing: 8/6/09 - Went Smoothly!
          Discharged: 11/30/2009
          Closed: 12/16/2009

          Comment

            #6
            I think that you're pretty much screwed.........
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

            Comment

              #7
              yep, this is a problem. It is post petition debt. You could try to amend and see if anyone objects. Dismissal might be tough if this is a chapter 7 BK, the debtor is not entitled to an automatic voluntary dismissal (however, if the debtor did not appear at the 341 meeting, the case will be automatically dismissed; HOWEVER, you may run into good faith issues upon refiling).

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