What is a post-petition claim?

A post-petition claim is a type of debt that is owed to a creditor after an individual or business has filed for bankruptcy protection. In Texas, post-petition claims are typically unsecured claims, meaning they are not backed by collateral and can be discharged through the bankruptcy process. Post-petition claims are often created by the debtor incurring new debts after filing for bankruptcy, such as medical bills or credit card purchases. These debts can be discharged in Chapter 7 bankruptcy and can also be included in a repayment plan in Chapter 13 bankruptcy. In order for a post-petition claim to be allowed, it must meet certain criteria as outlined in the Bankruptcy Code. Generally, post-petition claims must meet three criteria: necessity, reasonableness, and good faith. Necessity means that the debt must be necessary for the debtor’s survival and well-being. Reasonableness means that the amount of the debt must be reasonable based on the debtor’s income and assets. Good faith means that the creditor must not be trying to take advantage of the debtor. If a post-petition claim does not meet these criteria, then it will not be allowed in a bankruptcy proceeding. Unsecured post-petition claims are typically paid after secured creditors have received payment, and the remaining amount is divided among unsecured creditors based on the priority of their claims.

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