Legal Question in Bankruptcy in California

Not sure what to do

I have a confusing and maybe complex question. In 3/04 I was charged with fraud - however, documented discovery date iwas 2/02. They dismissed the case w/o prejudice in 3/05. In 2/06 I filed bk that was discharged in /06. Now, in 3/07 the insurance co. of original plaintiff (standing in plaintiff's shoes) refiled the fraud case. I was able to reopen bk case to include it. The ins co. filed an adversary proceeding, however, according to the statue of limitation law, they were too late to file the lawsuit in the first place. I've asked for a summary judgment to dismiss because it's past the discovery date statue (even with tolling the original case). Does the statue of limitation also apply in bk cases? I didn't include them in the 1st bk case because I didn't know it existed. They are claiming fraud can't be discharged, but I was never found guilty of fraud and the case was dismissed in civil. I'd love to hire an attorney, but have $0, but I really think they can't come after me because of statue - am I right?


Asked on 11/03/07, 10:14 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Not sure what to do

Unless the insurance carrier is suing you in subrogation and it indemnified its insured in 2004, it probably is barred by the statute of limitation as you suggest contained in CCP ยง338(d). Good luck!

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Answered on 11/03/07, 12:16 pm


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