QUESTION
Bankrupcty Revoked, statue of limitations on debt outstanding
Asked on Feb 02nd, 2014 on Bankruptcy - Florida
More details to this question:
Filled for 7 Bankruptcy in 10/2008. It was discharged sometime in 10/2009. It was later revoked. It was later revoked 5/2010. Not a single debt collector has called or sent a letter until nearly 4 years after. I just got a letter 1/2014 asking for payment from ARSI on my American Express debt. My question is it took the Bankruptcy trustee until 2012 to pay out the moneys she collected. Did that reset the statue of limitations? Or do the Statue of limitations still hold from from when i personally last sent a payment in, which would be 9/2008? All the creditors where notified in 5/2010 that my bankruptcy was revoked, seems like a long shot on their part.
1 ANSWER
Personal Injury Attorney serving Fall River, MA
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Any type of legal action by yourself or the bank on a debt reset the stature limitations. Basically if the bank were to take you to court, that would reset the stature limitations. Since you included these debts and a bankruptcy, which is a legal proceeding, that debts would have the stature limitations reset at that point. Sorry to hear that your trustee did not make the payments on time and that your chapter 13 bankruptcy was revoked.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law www.botelholawgroup.com 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Feb 03rd, 2014 at 4:28 PM