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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-01-2008, 09:52 AM
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can new debts be added to a bankruptcy after filing?


What is the name of your state (only U.S. law)? VT Please can people not scold me for asking this but if a new debt arises since my chapter 7 filing can it be added to the filing? We had to file without a lawyer and since then we have incurred a huge medical bill which we can't pay so I don't know what to do. Any advice would be very much appreciated. We filed in June, with the creditors meeting being replaced by Interogatories via mail**************...I am in the process of completing them and think that once I have submitted them then that will be the cut-off point.
Thanks
  #2  
Old 09-01-2008, 10:00 AM
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Quote:
Originally Posted by leedspaddy View Post
if a new debt arises since my chapter 7 filing can it be added to the filing?
No.

However, you could dismiss the current petition and refile to include the new debt.
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  #3  
Old 09-01-2008, 10:15 AM
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Quote:
Originally Posted by JETX View Post
No.

However, you could dismiss the current petition and refile to include the new debt.
Thanks for replying. Would that look bad to the court? Also there is the complication that we have moved out of state since we filed. I thought there would have to be some time limit on residency in terms that you have to live in the state for a year or so before filing**************....or could I simply refile in the old state?
Thanks
  #4  
Old 09-07-2008, 12:15 PM
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You have to be a resident for 6 months, but if you've lived in the new state for less than 2 years, then you'll likely have to use your old state's exemptions in a new bk case.

Yes, you could refile, but the automatic stay may be truncated as it is in a 'serial filing'. It also may not be possible to dismiss your Ch 7. Ch7's are not like ch 13's when it comes to dismissals.
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