What is a post-petition claim?

A post-petition claim is a type of legal claim that can be brought against a debtor in Virginia creditors rights law. It occurs after the debtor has filed for bankruptcy. Post-petition claims arise when a debt is accrued after the debtor has filed for bankruptcy. For example, if a debtor has filed for Chapter 7 bankruptcy and then incurs new debt from a creditor, the original creditor can make a post-petition claim against the newly acquired debt as part of the bankruptcy proceedings. Post-petition claims often fall under the jurisdiction of the bankruptcy court, though they can also be brought to civil court in some cases. In addition, they can be contested during the bankruptcy proceedings, and the court may set a hearing to decide whether the post-petition claim is valid and appropriate. In Virginia, creditors have to file their post-petition claims with the court by the deadline provided in the bankruptcy code in order for the claims to be considered. Post-petition claims can be very complicated since they involve two totally separate events - the filing of the bankruptcy petition and the accrual of the new debt. This can make it difficult for the court to sort out which debt should be paid first, which is why post-petition claims can take a long time to process. It is important to remember that post-petition claims may not always be successful, and the court may decide that the debt will not be discharged, meaning that the creditor can still pursue payment from the debtor.

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