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I'm asking this question as a matter of law, not specific to any situation, and not as a request for advice.

Can debts that you know for sure will be incurred in the month after filing (examples may be utility bills, credit card bills, rent), be included in a bankruptcy petition? Or can debts only up until the date of filing be listed?

Is this something that differs by state? What does the law say? I'm asking in regards to the United States.

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  • Laws differ around the world, so which jurisdiction (country, province, state etc) does this relate to? For example The rules in E&W say this: "All claims by creditors except as provided in this rule, are provable as debts against the company or bankrupt, whether they are present or future, certain or contingent, ascertained or sounding only in damages." But I lack knowledge to offer this as an answer
    – Rick
    Jul 26, 2021 at 10:41
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    @RockApe This is in USA, I will edit question to note that
    – George
    Jul 26, 2021 at 11:15

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Can debts that you know for sure will be incurred in the month after filing (examples may be utility bills, credit card bills, rent), be included in a bankruptcy petition?

No

Or can debts only up until the date of filing be listed?

Initially, you can only list the debts incurred. Sometimes debts incurred after the filing of a petition will be "administrative expenses" that can be added as they are incurred, although for fees other than court costs and legal fees, i.e. for the kinds of debts that you reference, post-petition debts can usually only be included in a reorganization under Chapters 11, 12 or 13.

A Chapter 7 (liquidation) bankruptcy will generally not discharge post-petition debts.

A Chapter 11, 12 or 13 reorganization bankruptcy plan adopted by a court will generally only govern post-petition debts pertinent to the operation of an ongoing bankrupt business, not post-petition personal expenses.

Is this something that differs by state?

No. It is governed by Title 11 of the United States Code and is uniform throughout the United States.

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  • Thank you for your concise explanation.
    – George
    Jul 27, 2021 at 12:09

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