Can I reopen my bankruptcy if it was discharged 6 months ago? 17 Answers as of August 31, 2015

I bought a car later. Can I add it to my bankruptcy if I cannot make the payments?

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
No. You can't add a car that was purchased after the date of filing.
Answer Applies to: California
Replied: 4/2/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Your BK will handle anything (i.e., any debt) up to and including the date of filing. Any debt incurred AFTER the date of filing can not be put into the BK.
Answer Applies to: Colorado
Replied: 4/2/2015
The Law Offices of Ryan F. Beach, PLLC
The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
You may be able to file a motion to reopen your bankruptcy; however, you can add debt that was incurred after the filing date of your bankruptcy petition. A bankruptcy can only discharge pre-petition debt. The only exception may be in the event of conversion. If a case is converted from Chapter 13 to Chapter 7, debt incurred after the filing of the Chapter 13 and before conversion may be added; however, the ability to do this may vary by jurisdiction.
Answer Applies to: Michigan
Replied: 4/2/2015
Grasso Law Group
Grasso Law Group | Charles Grasso, Esq.
Debt that is incurred after the filing date of your bankruptcy (e.g. buying a car on credit) cannot be included in that bankruptcy. If you received a discharged recently as you stated, then you should consider trying to work out something with car company because you will not be able to get another bankruptcy discharge for some time. The timeframes are dependent on the type of bankruptcy you filed.
Answer Applies to: California
Replied: 4/2/2015
R. Steven Chambers PLLC | R. Steven Chambers PLLC
You can reopen your bankruptcy but not to include a car that you purchased after you filed. You can only include debts that existed as of the time you filed.
Answer Applies to: Utah
Replied: 4/1/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Generally you cannot seek to discharge a debt that you incurred after the moment you filed your bankruptcy petition. If you incurred the debt before filing, you can reopen the case to add a creditor you may have omitted inadvertently, but that seems like a different story. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/1/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Seriously, do you think that bankruptcy is a lifetime license to run up debt and not pay for it? To the contrary, you will be ineligible to eliminate this debt through bankruptcy for the next 8 years.
    Answer Applies to: Nevada
    Replied: 4/1/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you bought the car after you filed bankruptcy then no you can not reopen it. If you bought the car before you filed bankruptcy, then unless you signed a reaffirmation agreement, you are not liable for it anymore.
    Answer Applies to: New York
    Replied: 4/1/2015
    Ronald K. Nims LLC | Ronald K. Nims
    No. Any debt you got after the filing date can't be included in your bankruptcy.
    Answer Applies to: Ohio
    Replied: 4/1/2015
    EDWARD P RUSSELL | EDWARD P RUSSELL
    As there are no restrictions on filing you could file a Ch 13 bankruptcy and arrange to pay for the car through the plan probably forcing an interest rate of 6%. You would not be eligible for a discharge since you received a discharge on the Ch 7 within 4 years of filing the Ch 13 but it would buy you time and in another 3 and 1/2 years you could terminate this Ch 13 and file a new Ch 13 in which you would be eligible to receive a discharge.
    Answer Applies to: Minnesota
    Replied: 4/1/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, bankruptcy only covers pre petition debts.
    Answer Applies to: California
    Replied: 4/1/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    No you cannot if the loan was taken after the bankruptcy case was filed. Only debts incurred prior to the bankruptcy can be discharged in that case.
    Answer Applies to: California
    Replied: 4/1/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    There is no point. The discharge only applies to debts you had before the bankruptcy. You are obligated on the car loan for any amount you owe after they resell it.
    Answer Applies to: Oregon
    Replied: 4/1/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    That would be a no.
    Answer Applies to: Virginia
    Replied: 8/31/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    No. Post petition debts cannot be added to your bk.
    Answer Applies to: Nevada
    Replied: 4/1/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Debts incurred after the date the bankruptcy petition was filed are not dischargeable in that bankruptcy case. Since you bought the car after filing the bankruptcy petition, reopening the case to try to include a car loan obtained after the bankruptcy was filed would not assist you as it would not be dischargeable.
    Answer Applies to: California
    Replied: 4/1/2015
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    No. If you're bankruptcy was already discharged, then you cannot re-open to add new debt.
    Answer Applies to: California
    Replied: 4/1/2015
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