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Does filing for bankruptcy effect the SOL of a debt at all? I filed for bankruptcy but it was dismissed (nothing more done with it). Does this change anything in regards to the SOL of that was held at the time?

Thanks




Nope...a BK dismissed returns the accounts back to the same status they were prior to filing. You get no benefit of he filing.

Sub: #1 posted on Thu, 11/03/2011 - 10:16

SOAPLADY SOAPLADY
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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.

Sub: #2 posted on Thu, 11/03/2011 - 23:07

marvelbecks marvelbecks

(Posts: 143 | Credits: )

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.

Sub: #3 posted on Fri, 11/04/2011 - 04:24

despritfreya despritfreya

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