Can my husband add new bills when filing for bankruptcy? 9 Answers as of January 19, 2012

My ex-husband filed chapter 13. He included his 1/2 of children's medical bills I gave him receipts for. In June, I sent copies of all bills paid thus far registered mail. In August, he filed bankruptcy including the 50% he owes for all medical bills as per the divorce papers. I have the receipts for the rest of the year (2011) and want to know can he "amend" his filing to include them, or can I request through county court that I receive payment from his tax refund? Thank you.

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J.M. Cook, P.A. | J.M. Cook
He can amend his pleadings to include these debts but will probably also have to move to modify his plan to account for the new bills.
Answer Applies to: North Carolina
Replied: 1/19/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Post-filing bills cannot be added to a bankruptcy.
Answer Applies to: Georgia
Replied: 1/19/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
I don't know how far along his case is but he should be able to amend his case to add his creditors and amend his payment.
Answer Applies to: California
Replied: 1/19/2012
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
You MUST file a claim in your ex's Chapter 13 plan for ALL of your medical bills. You appear to have a nondischargeable marital debt that will be paid by the Chapter 13 Trustee after your ex's plan is confirmed. An attorney would not not charge much for filing your claim and they would do it right, You could even get paid. There is a "bar date for filing claims in the notice you received. Don't miss it. Go for it. Good luck.
Answer Applies to: Ohio
Replied: 1/19/2012
Judith A. Runyon, Esq. Attorney at Law
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
Only debts that existed at the date of filing a bankruptcy can be included.
Answer Applies to: California
Replied: 1/18/2012
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
In general, the only bills that he could add would be the ones that were incurred prior to the date of his filing, there are some exceptions for taxes, etc, but not for medical bills. However, If some of the bills were incurred between June when you gave him the bills and August when he filed, he could amend and add them. As a side note, you might want to check with your divorce lawyers, many times there is a clause that says if he goes bankrupt on his half of the bills, that you can bring a private action against him in family court and make him pay you whatever you had to pay. Good luck!
Answer Applies to: Michigan
Replied: 1/18/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That depends on what the judgement of dissolution says. Take the judgement to a bankruptcy lawyer.
Answer Applies to: California
Replied: 1/19/2012
Moore Taylor & Thomas PA
Moore Taylor & Thomas PA | Jane Downey
He can add debts he owed as of the date he filed.
Answer Applies to: South Carolina
Replied: 1/18/2012
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