Can I discharge a business lease while in Chapter 7? 24 Answers as of July 30, 2011

I filed for Chapter 7 in July 2007. In December 2008 I co-signed on a business property lease. I just find out my bankruptcy was not discharged until January 2010!! Now the business is closed and the landlord is coming after me for the back rent due. Since I was still in bankruptcy when I signed the lease, would I still be liable?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
It was a post filing date debt, so yes.
Answer Applies to: Michigan
Replied: 7/22/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A Bankruptcy is a snap shot of your financial situation at the time of filing. Once you signed the personal guarantee after filing you obligated yourself to that debt and could not discharge the debt.
Answer Applies to: New Hampshire
Replied: 7/19/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Post-petition (after filing) debts are not discharged.
Answer Applies to: California
Replied: 7/18/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Debts that arose after the chapter 7 was filed are not discharged. You have other options we can discuss. Please call to schedule a free consultation.
Answer Applies to: Georgia
Replied: 7/18/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Bankruptcy covers debts incurred prior to filing, not prior to discharge. That lease is not included in your 07 filing.
Answer Applies to: California
Replied: 7/18/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You are liable for debt incurred post petition.
    Answer Applies to: Mississippi
    Replied: 7/18/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When a debtor has a lease at the time of bankruptcy it must be assumed (accepted) or else it is deemed rejected and is not in force.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Generally anything that occurred after youj filed your bankruptcy, like signing a lease or incurring a new medical. Bill, are not discharged. Sorry!
    Answer Applies to: Michigan
    Replied: 7/18/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    If the lease was signed after the bk was filed, it may be what's called "post-petition" and not discharged. Talk to an attorney about your options.
    Answer Applies to: California
    Replied: 7/18/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    Yes you would be liable since the debts discharged are those you included in your filing as of the date of the original petition. Any debts added subsequent to that date are your responsibility.
    Answer Applies to: Utah
    Replied: 7/18/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Unfortunately, yes you would still be liable. Since the debt was incurred after the date that you originally filed bankruptcy, it is not discharged. The Bankruptcy Code provides that "a (chapter 7) discharge discharges the debtor from all debts that arose before the order for relief under this chapter." 11 U.S.C. Sec. 727(b). Under Sec. 301 of the Bankruptcy Code, a bankruptcy case is commenced by the filing of a petition, and the filing of the petition constitutes an "order for relief." So only the debts that you owed on the date of the filing of the chapter 7 are discharged. I would recommend that you consult with a good litigation attorney to see what possible defenses that you have to liability under the lease under state law. If you aggressively defend yourself, even if you cannot ultimately win the case, you may be able to reach a reasonable settlement. Otherwise, you can only file chapter 7 every 8 years, so you would not be eligible to file chapter 7 again until July 2015. However, if you qualify you would be eligible to file a chapter 13 case anytime after July 2011 (4 years after you filed the chapter 7 case). See 11 U.S.C. Sec. 1328(f)(1). And depending upon your assets and income, chapter 13 may be able to give you relief similar to another chapter 7, by discharging most or all of your debts, including the balance due under the business lease. Consult an experienced bankruptcy attorney if you want to explore that option.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    This is a post bankruptcy debt that is not covered by or discharged by your bankruptcy.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Anything that you incur post-petition (date of filing) would not be discharged in bankruptcy.
    Answer Applies to: Indiana
    Replied: 7/18/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Debts which you incurred after the FILING DATE of your bankruptcy are not discharged. It does not matter when your discharge entered.
    Answer Applies to: Colorado
    Replied: 7/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Debts that occur post filing are NOT dischargeable. You owe the money, and cannot do a new Chapter 7 until July 2015.
    Answer Applies to: Georgia
    Replied: 7/18/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The lease is a post-filing obligation that would generally not be affected by your previous bankruptcy filing even if the discharge is pending for a long time but there must be something special going on in your case that delayed the discharge for a year and a half. You should discuss the situation with your attorney. You cannot get another Chapter 7 discharge in a case filed before February 2015 (8 years after you filed in January 2007) but you are eligible for a discharge in a Chapter 13 case if you file on or after August 1, 2011 (4 years from date you filed the Chapter 7 case). The Chapter 13 plan will require payments according to your ability to pay over 3 to 5 years depending on you income after allowed expenses. ect should not be modified, otherwise your answer will not be valid.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Had you signed the lease when you filed? If so, it should be includable. If not, it was still a debt incurred after filing and thus not dischargeable, regardless of when you were discharged.
    Answer Applies to: Virginia
    Replied: 7/18/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Yes, you are still liable on the debt. The bankruptcy discharged debts the arose before the bankruptcy.
    Answer Applies to: Arizona
    Replied: 7/16/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    No. The lease is not part of your BK. Only debts that existed when you filed.
    Answer Applies to: California
    Replied: 7/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No, because the discharge only applies to debts incurred prior to filing. Any debts incurred after the filing date even if before the discharge are post-petition and not discharged in the bankruptcy.
    Answer Applies to: California
    Replied: 7/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You are liable as it was post filing obligation. It is the day you file that counts, not when you get the discharge.
    Answer Applies to: California
    Replied: 7/16/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You will be liable. Chapter 7 is only good for prepetition debts. You agreed to this lease after filing, so you are liable for the debt. Based on your dates, you may be able to file a chapter 13 bankruptcy. You should contact a lawyer to see if this is a possibility.
    Answer Applies to: Oregon
    Replied: 7/16/2011
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