Legal Question in Bankruptcy in California

Consumer bankruptcy and old debts

I filed for chapter 7 bankruptcy in 1997 due to bad times. Starting in 2000 I began selling items for cash and not reporting the sales. How long does the chapter 7 last and can someone come after me now that 12 years have passed? Thank you


Asked on 3/23/09, 9:14 pm

2 Answers from Attorneys

L.A. BK Atty Leon Bayer Bayer, Wishman & Leotta

Re: Consumer bankruptcy and old debts

The bankruptcy should have dropped off your credit record after 10 years. All debts that were discharged in your case are under a permanant restraining order not to attemt to collect from you.

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Answered on 3/24/09, 10:23 am
David Gibbs The Gibbs Law Firm, APC

Re: Consumer bankruptcy and old debts

I'm not sure if Attorney Bayer answered your question, but any debt you had at the time you filed for bankruptcy in 1997 has been discharged, and those creditors can never come after you again. Any debt you incur AFTER the date on which you filed - even if it was the day after you filed bankruptcy - are not discharged by the Chapter 7. If what you are getting at is can the IRS come after you for unreported income, absolutely! You need to go back and file amended tax returns for those years and correct your mis-reported income. It is a Federal Crime to mis-report your income to the IRS. The Chapter 7 from 1997 will not protect you in any way for any debt you owe since the date of filing. I suggest you contact a tax attorney or CPA immediately.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/24/09, 12:11 pm


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