[4/4/2007] I converted my BK13 to BK7. I would like to know if I can include new debt in my BK7. Example: BK13 on 7/2000, converted to BK7 in 12/2000, now I may have a new debt back dated to 2004 that arose as a result of a reassessment. Can I include this in the original BK7, or would I need to do a new BK13? Thank you.
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What rights do I have after BK7
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Only debts incurred before the Chapter 7 conversion are included in a Chapter 7 discharge. If the debt was incurred after the Chapter 7 conversion, it is not included in your original bankruptcy. You would have to file a new case if you want to discharge it - and it has to be in Chapter 13 if you want to file on or before 8 years from the date of your original filing in the case (i.e. sometime in 7/2008).Originally posted by bk7done View Post[4/4/2007] I converted my BK13 to BK7. I would like to know if I can include new debt in my BK7. Example: BK13 on 7/2000, converted to BK7 in 12/2000, now I may have a new debt back dated to 2004 that arose as a result of a reassessment. Can I include this in the original BK7, or would I need to do a new BK13? Thank you.DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.
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If your case was file pre-law change 2005, the debt may be discharged already "In re Mendiola"
Basically stuff left off by accident gets discharged. The new law closed that loophole.
The only claim the creditor has is they were left off intentionally. In that case, it's a few hundred bucks to have your case reopened and ammended.
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That may be true, but it sounds like this debt arose well after the BK. In any event, we need to know more about the debt and this "reassessment". what was the debt for, when did it "originally" arise, etc. The way the OP stated it in his original post, the debt in question occurred 4 years after the BK.Originally posted by spell View PostIf your case was file pre-law change 2005, the debt may be discharged already "In re Mendiola"
Basically stuff left off by accident gets discharged. The new law closed that loophole.
The only claim the creditor has is they were left off intentionally. In that case, it's a few hundred bucks to have your case reopened and ammended.
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