"Pre-Petition" and "Post-Petition" Debts in Chapter 13

 Posted on May 07, 2026 in Chapter 13

If you are filing for bankruptcy in 2026, or if you are already in the middle of a Chapter 13 case, you may have heard the terms "pre-petition" and "post-petition" debts. These are legal terms that describe when a debt was created, either before or after you filed for bankruptcy. The difference is important in Chapter 13, because the two types of debts are treated very differently and it’s better to know what they are beforehand. Understanding how each type is handled can help you avoid surprises and make better decisions throughout your case.

If you have questions about Chapter 13 bankruptcy and how it works in Texas, call the Law Offices of Chance M. McGhee at 210-342-3400 for a free consultation with a New Braunfels bankruptcy attorney.

What Does "Pre-Petition" Debt Mean in a Chapter 13 Case?

The word "petition" refers to the document you file with the bankruptcy court to officially start your case. A pre-petition debt is any debt you owed before you filed that petition. These are the debts your Chapter 13 repayment plan is built to handle.

In a Chapter 13 case, you can’t just wipe out your debts the way you might in a Chapter 7 "straight bankruptcy." Instead, you propose a repayment plan that lasts between three and five years, as set out in 11 U.S.C. § 1322. During that time, you make monthly payments to a bankruptcy trustee, who pays out the money to your creditors according to the plan.

Pre-petition debts fall into three categories:

Priority Debts

Priority debts are paid first and in full. These include things like back taxes, domestic support obligations such as child support and alimony, and certain other debts that the law treats as especially important.

Secured Debts

Secured debts are tied to a piece of property, like your home or your car. Chapter 13 can help you catch up on missed mortgage payments and keep your home, which is one of the biggest advantages it has over Chapter 7.

Unsecured Debts

Unsecured debts have no property attached to them. Credit card balances, medical bills, and personal loans fall into this category. Depending on your income and assets, you may only pay back a portion of these debts over the life of your plan, with the remaining balance discharged, or legally wiped out, at the end.

What Does "Post-Petition" Mean, and How Are Those Debts Handled?

A post-petition debt is any debt you take on after your bankruptcy case has been filed. These debts are not included in your Chapter 13 plan, and they can’t be discharged along with your pre-petition debts. You are responsible for paying them in full, on your own, outside of the bankruptcy process.

Chapter 13 lasts three to five years, which is a long time to go without taking on any new financial obligations. Under 11 U.S.C. § 1305, certain post-petition debts like taxes that come due after filing can sometimes be included in the plan, but only if the trustee agrees. This is the exception, not the rule.

In most cases, you are required to get permission from the court or your trustee before taking on new credit during your Chapter 13 case. This is because your monthly plan payment is based on a careful budget. A new debt can throw that budget off and mess up your case.

What If You Take On a New Debt During Your Chapter 13 Case?

The way a post-petition debt is handled usually depends on how large it is and what it’s for. Smaller debts, like a routine medical bill or a minor car repair, are typically manageable. Your budget should include some room for everyday expenses, and you may already have set aside money to cover them.

Larger unexpected expenses are trickier but not necessarily disastrous. Common situations include:

• An expensive car issue, such as new tires, brakes, or an engine problem 
• A medical emergency that results in bills not fully covered by insurance 
• A job loss or reduction in income that makes your plan payments harder to meet

In these situations, your bankruptcy lawyer may be able to file an amended Chapter 13 plan. An amended plan can temporarily or permanently reduce your monthly payment to give you breathing room. Depending on the amount of credit involved and the rules in your jurisdiction, your lawyer may also be able to get trustee or court approval for you to take on a specific new debt.

What If a Major Emergency Changes My Chapter 13 Bankruptcy Plan?

Sometimes life changes so much during a Chapter 13 case that smaller adjustments are not enough. A serious accident, a major medical crisis, or a sudden job loss can make the original plan unworkable. In these situations, there are two more substantial options.

Convert to Chapter 7

Converting to Chapter 7 is one path. If your circumstances have changed so much that the goals of your Chapter 13 case are no longer realistic, you may be able to convert to a Chapter 7 case. Post-petition debts can be included in the converted case. This can provide a faster solution, though you may lose protections that Chapter 13 offered, such as saving your home from foreclosure.

Dismissing and Refiling 

Dismissing and refiling is another option. If the goals of your original Chapter 13 plan are still worth pursuing (for example, if you are still trying to save your home), your lawyer may recommend dismissing the current case and filing a new one that includes the new debts. There is generally no restriction on refiling as long as you did not receive a discharge of debts in the prior case, though timing rules and automatic stay limitations can apply, so this should always be done with an attorney guiding you.

Neither of these options is ideal, but having them available means that a single financial emergency does not necessarily have to end your bankruptcy case.

Call a Boerne, TX Chapter 13 Bankruptcy Lawyer Today

Whether you are thinking about filing for Chapter 13 or you are already in a case and facing new financial challenges, it is important to work with someone who understands how these rules apply to your specific situation. The difference between a pre-petition and post-petition debt may sound like legal language, but it can have real consequences for your finances and your future.

Call the Law Offices of Chance M. McGhee at 210-342-3400 to speak with a New Braunfels, TX Chapter 13 bankruptcy attorney. We offer free consultations and are here to help you find a path forward.