Ask a Lawyer - Archive

After filing a Chapter 13 bankruptcy,is the debtor fully responsible for all future financial obligations?

Filing a bankruptcy case divides your financial life into a pre bankruptcy phase and a post bankruptcy phase. The bankruptcy plan, in a Chapter 13, and the discharge, deal with the debts that have their source before you filed. Most debts incurred after you file are unaffected by the bankruptcy.

In Chapter 13, some kinds of debts, especially taxes, may be paid through the Chapter 13 plan if the court so provides. Also, if a Chapter 13 case is converted to Chapter 7, the debts that arose in the Chapter 13, between filing and conversion, are treated as if they were prefiling debts and discharged if they are dischargeable debts.

Your attorney can help you apply these principles to your facts.