Debts Incurred After Filing Chapter 13 and Before Converting to Chapter 7




I was recently asked whether a discharge in a case converted from Chapter 13 to Chapter 7 would cover debts incurred after filing but before conversion. Generally speaking , the answer is yes; those “gap” claims are subject to the automatic stay and the discharge.

The operative Bankruptcy Code language is found in 11 U.S.C. Section 348(d), entitled “Effect of Conversion,” which provides that a claim or debt arising after the Chapter 13 is filed “shall be treated for all purposes as if such claim had arisen immediately before the date of the filing of the petition..” In conjunction with the conversion of the case from Chapter 13 to Chapter 7, the debtor(s) filings is supposed to include a “Schedule of Post-Petition Debt.” which includes the name and address of each holder of a claim. This schedule is intended to give creditors notice that their debt is included in the Chapter 7 case.