Bankruptcy FAQ: Why Did I Get a Letter for a Post-Petition Liability?

TRI Writer • September 21, 2022

Did you receive a letter for a post-petition liability? What is a post-petition liability, and what should you do about it?

What is Post-Petition Debt or Post-Petition Liability?

Any debt acquired after you file your bankruptcy petition is post-petition debt or a post-petition liability. Post-petition debt is not included in the bankruptcy discharge.

Did I Forget to Include a Debt in My Bankruptcy Petition?

When filing bankruptcy, the Bankruptcy Court requires you to list all liabilities (and everyone you owe money to) in the petition. Sometimes a bankruptcy petitioner forgets a debt or creditor when they file, but this isn’t the same as a post-petition liability. When you forget to include a debt in your bankruptcy petition, you can amend the bankruptcy papers to add a creditor for a minimal fee while the bankruptcy is still in process. Sometimes, a bankruptcy petitioner may forget about the creditor entirely until after the discharge is received. If a general unsecured creditor comes forward after you receive your discharge (and that creditor would not have had a valid basis to object to bankruptcy discharge had it received notice of the filing), the discharge of debts you received from the court is generally good against that creditor as well.

A Post-Petition Liability or Debt is Different than a Forgotten Creditor

A Chapter 7 case starts when you file a “petition” at the Bankruptcy Court. Everything that happens before you file your case is called “pre-petition.” Everything that happens after that is “post-petition.” So debts you acquired before you filed are pre-petition debts, and debts you acquire after you file your petition are post-petition debts. Your bankruptcy does not deal with debts that become due after you file your bankruptcy petition (also known as post-petition debts). The debt you acquire after you file bankruptcy is not discharged in bankruptcy. For a debt to be included in a bankruptcy discharge, it must exist when the bankruptcy is filed.

Determining how bankruptcy law applies to your case can be complex, and we want to help. If you have questions about bankruptcy and how filing bankruptcy could help your family, please don’t hesitate to contact Ken Rannick. You are in good hands with Kenneth C. Rannick P.C.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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