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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?

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. 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.


  2. 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!


  3. 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 bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.


  4. 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 California bankruptcy matters, the information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with a bankruptcy attorney. It is important to have a consultation with a bankruptcy attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.


  5. 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 your area before acting on anything you read on the internet.


  6. 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 legal advice, constitute legal representation or constitute an attorney-client relationship. An attorney-client relationship is not created with Brian Cullen until a party signs a written retainer agreement with Brian Cullen.


  7. 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. 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 !

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