If a person is currently in a chapter 13 bankruptcy and will be converted to a chapter 7 can they add anyone else to it?

Asked 12 months ago - Mesa, AZ

Can this person add an apartment community into the bankruptcy for non payment. This person is trying to rent an apartment and when we don't have a bankruptcy discharged it concerns parties involved.

Attorney answers (8)

  1. Diane L Drain

    Pro

    Contributor Level 15

    13

    Lawyers agree

    Answered . I agree with the prior answers. It is very important that you add ALL new and old creditors when you convert. Be very careful with any homeowners' association dues. Depending on your circumstances it might be best to talk to a good bankruptcy attorney.

    My best to you.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the... more
  2. Adam Brooks Arnold

    Contributor Level 12

    14

    Lawyers agree

    Answered . Debts incurred after the filing of the chapter 13 case and before the conversion to chapter 7 can be included in the chapter 7 case.
    Best of luck.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Yes absolutely you can add on new creditors when you convert to Chapter 7 from Chapter 13. You will have to pay the filing fee to add and will probably have to take care of the noticing requirements yourself. This is a one time opportunity though. Hope this perspective helps!

  4. Brent J Jensen

    Contributor Level 13

    12

    Lawyers agree

    Answered . Yes, you can add creditors for debts incurred after the filing of the 13 and before the filing of the 7. There will be a fee for the conversion and to add the new creditors. Your attorney should know how to do this for you.

    This is not legal advice and I am not your attorney until you retain my office. Always consult with an attorney in... more
  5. Brian Cullen

    Contributor Level 8

    11

    Lawyers agree

    Answered . Yes, you can add creditors for the debts that have happened after filing for chapter 13 on your new Chapter 7 filing. But there is a fee.

    Legal disclaimer: . Answering this, or any other question on Avvo does not, under any circumstances, constitute... more
  6. Shaye Larkin

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes, as the other attorneys have stated, you can and are required to include any new debts that were incurred during the Chapter 13 case to the converted Chapter 7 case.

    While I would love to be your attorney and you may call my office any time to schedule a FREE consultation on... more
  7. Paul Elliot Ross

    Pro

    Contributor Level 9

    6

    Lawyers agree

    Answered . Yes, your arrearage on your apartment payment, prior to the filing of a chapter 7 conversion, is an added debt that can be discharged. Totally concur with Dorothy's explanation for you. The interim debt incurrences between the two filings are addable to the subsequent chapter 7 filing. As she also said, there is an increase in filing fees, and a potential requirement for notifications of the additional debtors by you may be required of you.

    Bankruptcy Debt Relief Legal Counsel
  8. Richard D. Granvold

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Not only "can" but in fact required as otherwise you would be committing perjury. You must list all debts as of the date of the conversion which includes the debts incurred post petition of the ch 13 filing date. If you are creditor, then you will know you can not attempt to charge for such pre conversion date monies owed as a result of the stay! Good luck. The conversion fee is probably $25 but sounds like you are the creditor possibly ..but the court clerk can confirm that. However, they court may also charge you every amendment $30 for adding new creditors !

Related Topics

Bankruptcy

Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

Chapter 7 bankruptcy

Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,094 answers this week

3,063 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,094 answers this week

3,063 attorneys answering