QUESTION

Are they able to sue or try and take any assets of ours?

Asked on Jan 16th, 2017 on Bankruptcy - California
More details to this question:
My husband was sued for a dog bite case and then filed chapter 7 bankruptcy which that case was included in. It is now 10 years late. We werenโ€™t married at the time. This all happened when we are in the process of selling and moving into another house.
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5 ANSWERS

Sounds very strange. I would pay an experienced attorney for one or two hours of their time to review this matter with you. Of particular importance is your BK schedules (which you can get from the BK court), and any civil law suit papers you were ever served with. To get an intelligent answer to your questions, someone needs to review your file with you.
Answered on Mar 15th, 2017 at 7:34 AM

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While your question is a bit sparse in information, I think you are safe. Your husband's liability-if any-for the dog bite was presumably discharged in the BR. Also, in all likelihood any applicable statute of limitations period has passed. If the victim obtained a judgment against you, however, you will need to clear the lien of judgment if you wish to sell the property. This is generally not a difficult task, but to move it along efficiently you'd do well to retain an experienced BR lawyer.
Answered on Mar 15th, 2017 at 7:34 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Ten years is too late to sue, and if the claim for the dog bite was included in his bankruptcy, the problem is over. Find something else to worry about.
Answered on Mar 15th, 2017 at 7:33 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The statute of limitations on dog bites in Ohio is two years. That means the deadline for filing a lawsuit against the dog's owner or possessor is two years after the dog bite occurs. There are a few exceptions which can extend the statute of limitations, for example, if the victim is a child, the time doesn't start until the victim turns 18; if the victim is mentally incompetent, the time doesn't start until the victim becomes competent; if the owner or possessor leaves Ohio, goes to prison or conceals themselves, the time doesn't run while the person is outside Ohio, out of prison or living openly again.
Answered on Mar 15th, 2017 at 7:33 AM

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If the BK ended with a discharge then no, if it was dismissed it is possible for the debt to live on.
Answered on Mar 14th, 2017 at 9:59 AM

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