Debts Incurred After Filing Bankruptcy

Debts that you incur after filing bankruptcy cannot be included in an amended petition or discharged in a Chapter 7. You are responsible for paying them.  You may be able to get your case dismissed, and file a new bankruptcy petition. However, if you incur any new debt that is for luxury items such as an expensive car, the debt would not be approved by the trustee, and your creditors would most likely object.  In a Chapter 13, it is expected that you may incur new debt because your payment plan is for 3-5 years. The trustee may approve the new debt or request that you revise the plan.  However, some additional debt may cause your plan to terminate.  You should speak with a bankruptcy attorney to find out what course of action you should take if you incur new debt after you file bankruptcy.

Starting Over in Chapter 7

If your Chapter 7 has not been discharged yet, your attorney may be able to get your case dismissed so you can file a new petition to include new debt incurred after filing bankruptcy.  This means you would have to start the process all over, and you may have to wait at least 180 days before you can file a new petition.  Also, the debt may not be dischargeable, and the trustee may decide that you are abusing the process if the debt is a luxury item such as a new expensive car.  If your bankruptcy has already been discharged, you must wait 8 years from the discharge date before you can file a new Chapter 7.

Revising Payment Plan in Chapter 13

It is possible to add new debt after filing Chapter 13, if the bankruptcy trustee approves it.  A revised plan may need to be issued if the new debt added after filing bankruptcy requires changes in the calculation of the plan and affects monthly payments to your creditor.  If you trade your car in for a new one with similar payments, the trustee may just approve the debt without requiring an amended plan.  Each state has different local bankruptcy rules so it is best to consult with your attorney.

Bankruptcy Attorney Help

If you have added new debt after filing bankruptcy, you need to advise your bankruptcy attorney right away.  Chapter 7 does not allow you to add new debt.  You may be able to get your petition dismissed, and file a new one.  Chapter 13 allows you to add some new debt.  Your attorney can advise you what to do.