When converting my Chapter 13 to Chapter 7, can I include new debts not included in the Chapter 13?
Question Details:
I am planning to convert my Chapter 13 to a 7. It's been a year now. My apartement is suing me for damages to their apartment. I can't afford to pay it. can I include this debt with the conversion?
Mark J. Markus / Mark J. Markus, Law Offices Of
Answered 3 years ago
This attorney is licensed in California
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Yes, pursuant to 11 U.S.C. 348, if a case is converted from Chapter 13 to Chapter 7, it will include all debts incurred prior to the date of conversion. However, the same exceptions to discharge set forth in 11 U.S.C. 523 and 727 apply as to any chapter 7 case. These exceptions include debts incurred by fraud, or by willful and malicious injury to another's property.
