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Bankruptcy Law/can i add new debt


Although I am not wanting to add a new debt to my chapter 7. I am wanting to move and have been aproved "conditionaly" through a company, the leasing manager must think that i am able to add new debt. shes wanting me to provide documentation stating that i am not able to add any more debt to my bankrupcy. how am i able to do that? I dont have plans on adding my new RENTED home to my bankrupcy, i just want to be out of the old mess of a home im in now!!!! Please let me know if i can find documentation stating that debt obtained after filing cant be added to my bankrupcy

You cannot add debt incurred after the filing of a bankruptcy case to a previously filed bankruptcy.  

There is no documentation that I'm aware of that you can show.  Bankruptcy only affects debts owed as of the date the case is filed.   If it did what your leasing manager is suggesting, then all anybody would need to do is file a bankruptcy case when they are a child, and then they could just incur debt for the rest of their lives and never pay.  It makes no sense at all.

That is the strangest request I've ever heard of from a landlord.

How about having them spend 2 minutes and do a Google search for "adding creditors after filing bankruptcy" or something like that?  Not that everything on the internet is accurate, but I suspect they will find an overwhelming number of articles that provide the correct answer.

Be careful to distinguish between adding debts after that were incurred BEFORE the bankruptcy was filed (which may be allowed) with your scenario which is incurring the debt after the bankruptcy is filed.

About the only other thing I can suggest, other than using logic with them, is to hire a bankruptcy attorney to write a legal opinion for them.

Otherwise, I'd suggest that you look for a different landlord...

Good luck!

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Mark Markus


Mark Markus has been practicing exclusively bankruptcy law in California since 1991. Based in Los Angeles, California, he is a Certified Specialist in bankruptcy law by the State Bar of California and is rated A+ by the Better Business Bureau and AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 throughout California.


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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) Southern California Bankruptcy Inn of Court

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

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