How long does bankruptcy protection last? 16 Answers as of September 04, 2014

I have been in bankrupt since 11 and last year I went to ER and I received a bill for $1300 which I cannot afford. Now it’s in collections and today a lawyer’s office sent me a collection notice. Does my bankruptcy help me in this situation?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Any debt incurred after the bankruptcy was filed is not included in the bankruptcy and is not discharged.
Answer Applies to: California
Replied: 9/4/2014
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
Bankruptcy protection, or the automatic stay, lasts for the duration of the bankruptcy case. A Chapter 7 case typically takes about 4 to 6 months from start to finish. A Chapter 13 case will last 3 or 5 years. Once you receive a discharge, the automatic stay ends. If your are currently making payments in a Chapter 13 case, the automatic stay remains in effect, and your new creditor will be unable to collect through legal means - he will be unable to attach your employment income, for example, because it remains the property of the bankruptcy estate. If you are unable to make payments to this new creditor, you should probably try to get it included in the bankruptcy plan. To do this, you will need to obtain approval from the trustee, the creditor, and the court. At the very least you should notify your trustee.
Answer Applies to: Colorado
Replied: 9/4/2014
Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy protects you from bills that occurred before you filed. After filing, the debts are on your own.
Answer Applies to: Ohio
Replied: 9/3/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
A Ch 13 bankruptcy provides for an automatic stay to prevent creditors from any collection activities during the life of the plan (3 to 5 years). A Ch 7 bankruptcy will provide protection for roughly 3 months after filing up to the date of the closing of the case.
Answer Applies to: Minnesota
Replied: 9/3/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Only debts incurred prior to the bankruptcy filing are dischargeable in your case. Any debt incurred after the bankruptcy case was filed is not part of the case. Typically either a payment arrangement or a settlement can be arranged. Propose a payment plan to the creditor if at all possible.
Answer Applies to: California
Replied: 9/3/2014
    Stephens Gourley & Bywater | David A. Stephens
    Bankruptcies normally help only with pre-petition bills.
    Answer Applies to: Nevada
    Replied: 9/3/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    This bill can be added to your Chapter 13 case if there is no objection by the trustee or the creditor. 11 USC 1305 (a)(2). you may want to have a discussion with the creditor's attorney and have them file the claim. Your chapter 13 plan may not provide for a 100% distribution to the unsecured creditors, so this may be a problem. Additionally, your plan payment may have to be increased because of the additional claim.
    Answer Applies to: California
    Replied: 9/3/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It would be a pretty slick trick to file bankruptcy and to be allowed to continue to run up debts that you could discharge. A typical bankruptcy only eliminates debts made before the bankruptcy was filed, although there is a rare exception for someone in a Chapter 13 that converts to Chapter 7.
    Answer Applies to: Nevada
    Replied: 9/3/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No. Only debts up to the date of filing.
    Answer Applies to: Colorado
    Replied: 9/3/2014
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    No. Your bankruptcy is effective only as to debts that existed at the time you filed. Since you filed in 2011, any debts after 2011 are not included.
    Answer Applies to: Utah
    Replied: 9/3/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. Bankruptcy only covers pre-petition debts.
    Answer Applies to: California
    Replied: 9/3/2014
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    No. It only discharged debts you had on the day you filed. it does not time travel to discharge future debts.
    Answer Applies to: Missouri
    Replied: 9/3/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    When you file a bankruptcy petition, it covers all debt that was incurred up to the date of filing. It does not protect you from debt that you incur after you file the petition.
    Answer Applies to: California
    Replied: 9/3/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Only those debts that were due at the time you filed bk are included. Double check the status if your bk. if it's a 7 it should be closed by now. You can refile a 7 eight years after filing your first 7. I recommend trying to negotiate with the creditor for a monthly payment.
    Answer Applies to: Nevada
    Replied: 9/3/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Bankruptcy only protects you from debts prior to filing.
    Answer Applies to: New York
    Replied: 9/3/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    No. Bankruptcy allows you to discharge unsecured debts existing at time you file your petition. It does have any effect on debts you subsequently incur. It is retrospective, not prospective relief.
    Answer Applies to: California
    Replied: 9/3/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney