Bankruptcy Question
Nope...a BK dismissed returns the accounts back to the same stat
Nope...a BK dismissed returns the accounts back to the same status they were prior to filing. You get no benefit of he filing.
Bankruptcy though filed; as it has been dismissed; is not going
Bankruptcy though filed; as it has been dismissed; is not going to change status of your debts in any way. So, the SOL or Statute of Limitations on the debt is not going to change in any way.
The answer to your question lies in 11 USC 108(c). ". . . if a
The answer to your question lies in 11 USC 108(c).
". . . if applicable non bankruptcy law . . . fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor . . . and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of (1) the end of such period . . . or (2) 30 days after notice of the termination or expiration of the stay . . . with respect to such claim."
Translation. . . if the SOL expired while the bk was pending then a creditor has 30 days after the dismissal to file suit.
Edt: Just to clarify, the time period for any SOL is not stayed. It continues to run but the Code does provide a creditor with a small remedy if the SOL runs out while the case is pending or in less than 30 days after dismissal.
Des.