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Bankruptcy Law/Adding creditor to open bankruptcy

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Expert: - 4/15/2009


Question
QUESTION: Can old or new debt be added to an open bankruptcy?  (Old meaning debt incurred prior to filing; new meaning unforeseen (medical) debt incurred after filing but prior to discharge).  Would the laws governing this issue be different depending on where you've filed?  I'm in CA.

Thank you,
Vivian



ANSWER: It depends on what Chapter was filed and, if a Chapter 7, whether there are assets being distributed by the Trustee.

---------- FOLLOW-UP ----------

QUESTION: So sorry, I should've realized you'd need to know what Chapter we filed.  It was Chapter 7, and there were no assets to be distributed by the Trustee.

Thanks again!

Answer
In a no-asset Chapter 7 bankruptcy case in California, debts incurred prior to filing the bankruptcy case are discharged regardless of whether they were listed in the petition or not.  Debt incurred after the filing of any bankruptcy case is not dischargeable in that bankruptcy case.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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