Legal Question in Bankruptcy in California

Statute of limitations
I attempted to file C13 bankruptcy in 2004, but it was dismissed on a technicality. One of my original creditors is now suing for credit card debt. They are only just inside the 4-year statute of limitations.

My question is: if I file C13 again, before the lawsuit comes to court, will it successfully protect me from this lawsuit? In other words, if I file C13 quickly, even if this bankruptcy filing is dismissed as well, will this creditor still be able to sue (since, by that time, they will be outside of the statute of limitations?)

Asked on 4/10/07, 5:07 pm

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Statute of limitations

The Statute of Limitations is tolled while you are in bankruptcy.

Answered on 4/10/07, 6:04 pm

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Statute of limitations

If you are planning to file a bankruptcy and then dismiss it, that would be considered fraud. That's a no-no.

Even if the creditor were to file a lawsuit, a bankruptcy -- Chapter 7 or 13 -- would stop the suit while you're in bankruptcy and after discharge.

You should consult with a lawyer as to what action you should take.

Answered on 4/10/07, 7:13 pm

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