• James D. Lynch

What is “post-petition” debt?

Post-petition debt is all debt incurred after the bankruptcy case is filed. These debts will not be a part of the bankruptcy case and cannot be discharged. The debtor is still liable on post-petition debts.

The effective date for determining whether a debt is post-petition is the bankruptcy filing date. If a new debt is incurred after the Chapter 7 bankruptcy case was filed (even if it’s before the discharge date), it is a post-petition debt and the debtor will remain obligated to pay this new debt. Only debts incurred prior to the filing date can be eliminated in your bankruptcy.

If the debtor simply has ongoing monthly payments on a debt that was originally incurred prior to the bankruptcy, the entire obligation is considered a pre-petition debt and will be discharged.

  • LinkedIn Social Icon
  • Facebook Social Icon
  • Twitter Social Icon
  • alignable_square
  • Yelp Social Icon
  • avvo
  • Justia-Icon
  • lawyer_com favicon
  • taxbuzz
  • ptin-seal
  • 170927-usnsquarelogo-design
  • favicon-32x32
  • mail icon

Law Office of James D. Lynch, PLLC

3000 Joe Dimaggio Blvd #90, Round Rock, TX 78665


(512) 745-6347

(714) 745-3875

©2020 by Law Office of James D. Lynch, PLLC. The information contained in this website is for informational purposes and is not to be considered legal advice.  Any correspondence between you and the Law Office of James D. Lynch is not intended to create an attorney-client relationship.  Please do not send confidential information to us until after an attorney-client relationship has been established by an engagement letter signed by the proposed client and our attorney.