Post Petition Debt in a Florida Bankruptcy

Yesterday a Chapter 13 bankruptcy client of mine called to ask me a question about a debt.  The client filed for a Chapter 13 bankruptcy last week and yesterday they had to go to the emergency room because of an illness.  They asked me if it was possible to include the emergency room debt into the bankruptcy.  The answer is NO, in a bankruptcy you can only include pre-petition debt.

Pre-Petition debt is debt that occurred prior to the bankruptcy case filing.   That means if I filed your case on a Monday the only debt that I can include in that bankruptcy are debts that occurred prior to Monday.  If a new debt comes along on a Tuesday then it will not be able to be included in the bankruptcy.

Post Petition debt is debt that occurred AFTER the bankruptcy filing.  It is basically new debt and it cannot be included in the bankruptcy and thus cannot be discharged.

Using a bankruptcy attorney you actually get someone who can answer your legal questions, give you legal advice, and appear in court with you.  It’s worth paying the money to hire a qualified bankruptcy lawyer.

If you are thinking of filing for bankruptcy in South Florida and would like to speak with an experienced Chapter 7 and Chapter 13 bankruptcy attorney then please contact Shmucher Law, PL and attorney Ofer Shmucher.  We offer free consultations seven days a week and can be reached at 954-309-5559 or 305-741-5553.

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