Legal Question in Bankruptcy in California

Which way to turn

I filed bk in 2/06 and it was discharged 8/06. In 3/07 I was charged in civil court for fraud in a situtation that occurred in 2/04. The civil case is clearly out of statue, but I didn't realize that when I reopened my bk to include the claim. The judge allowed the case to be reopened to include the civil suit claim, even though the creditor was screaming fraud. Would the bk judge have allowed it to be reopened for a claim where fraud is concerned? Does the bk court take into account the statue of limitation is up and the civil case should not have been filed in the 1st place? Will I automatically lose because the statue doesn't matter in bk court and it needs to be dismissed for that reason in civil court? I'm just trying to decide if I should even bring the statue up in my answer to the adversary proceeding that the creditor is filing. I feel I can prevail without mention of it, but if it's relavent and the bk court abides by civil codes I'll mention it.


Asked on 8/27/07, 7:00 pm

1 Answer from Attorneys
Amy Kleinpeter Clark Kleinpeter Law

Re: Which way to turn

There is 100% no reason not to include every potential, possible defense in your answer. Most attorneys include statute of limitations in EVERY answer they file, no matter what.

You may need to do further research if you are going to be acting as your own counsel, especially in bankruptcy court where the judges (and their clerks) expect a lot from litigants.

-- Amy Kleinpeter

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Answered on 8/29/07, 3:21 pm


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