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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 03-12-2002, 09:29 PM
marinewofle
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Debt after chapter 7 filing


i filed chapter 7 in MO on Dec 18th 2001 and moved to CA for graduate school in JAN. on jan 16th i was admitted to the hospt. for appendicitis and now i have over 9,000 $'s in medical expen. I have no job and go to school full time and i now all ready have creditors on my back again. is there anything i can do from my prev case or claim a new case? thanks.
  #2  
Old 03-13-2002, 12:18 PM
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Join Date: May 2001
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Have you been discharged yet? It's my understanding you amy amend your petion up until date of discharge.
  #3  
Old 03-13-2002, 12:21 PM
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Join Date: Jan 2001
Posts: 12,071
You will probably be stuck with the debt. Most debts incurred 60 days prior to filing and those after filing are scrutinized very closely and may not be dismissed. Talk to your attorney that assisted you in your bankruptcy.
  #4  
Old 03-16-2002, 07:39 AM
dorenephilpot
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If your discharge has not already been granted, you would need to petition the court to dismiss your old BK petition.

Then you can refile and list the new medical debts.

You cannot, however, amend the old petition to add the new, post-petition debts to your previous filing. Of course, you can always amend your petition to add omitted pre-petition filing debts, but the new hospital debts do not qualify as pre-petition debts.

And if your discharge has already been granted, however, you are out of luck because you cannot add the medical debts and you cannot refile a Chapter 7 again for six years.

You might, however, be a good candidate for a chapter 13, if the things I suggested above won't work in your case.

You definitely need to consult w/your bk attorney as soon as humanly possible.

Last edited by dorenephilpot; 03-16-2002 at 07:42 AM.
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