Legal Question in Credit and Debt Law in California

Re: Promissory Note

The statue of limitations is an affirmative defense, meaning the debt is still theoretically valid, it's just that any lawsuit can be shot down if (and only if) the defense is raised. Since you signed the note, wouldn't you in effect be suing yourself? Look up a case called Lodi v. Lodi (Google ["oreste lodi"])....

I don't even want to think about the community property issues on this one.

Re: Promissory Note

Inadvertently omitted debts are discharged under a no-asset case. I would think that your domestic partner knew about your bankrutpcy, and therefore had the opportunity to timely contest the discharge of that debt within the context of the bankruptcy if there was an issue of fraud, intentional injury to another party, etc.

If there were no bankruptcy, the issues would have been when performance on the promissory note was due, and whether four years have elapsed. The other issue, as you recognize, is whether you would be insulated because of the corporate structure. An attorney would have to review everything to make that determination.