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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31026
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If a chapter 13 debtor converts to chapter 7, are the debts

Resolved Question:

If a chapter 13 debtor converts to chapter 7, are the debts incurred subsequent to the filing of the 13 case but before the conversion properly considered as pre petition debts for the chapter 7 conversion case. In other words, the debt did not exist when the 13 commenced, but occurred while the 13 was on-going now the debtor is listing the debt as a dischargeable one and I would like to know if that is allowed...thanks in advance for your assistance...
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.

Kirk Adams :

Generally, debts incurred post-petition but pre-conversion will be discharged in the converted Chapter 7 case.

Kirk Adams :

Section 727(b) provides that except for those debts that are specified as nondischargeable under § 523, a discharge of an individual debtor under § 727(a) “discharges the debtor from all debts that arose before the date of the Order for Relief under this chapter and any liability on a claim that is determined under Section 502 of this title as if such claim had arisen before the commencement of the case.”

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Customer: replied 3 years ago.
Im sorry but I don't see your answer...it stops after I will be glad to assist.