Legal Question in Bankruptcy in Texas

Charge-offs and judgements

A friend has several credit card charge offs. The debt originated in Kentucky. In Kentucky the statute of limitations for this type of debt is 5 years. He now lives in Texas where the statute of limitations is 4 years.

If a judgement or tax lien is obtained against him in the state of texas will a chapter 7 bankruptcy discharge this judgement or lien?

If the statute of limitations expires in Texas but a judgement is obtained in Kentucky where the SOL has not expired, will the creditor be able to obtain any of his assets in Texas?


Asked on 11/19/01, 10:08 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Charge-offs and judgements

You are dealing with several different issues here. A statute of limitations sets a time period within which one person or entity can bring a lawsuit against another. Once the lawsuit is filed the statute of limitations is no longer an issue. If a judgemnt is obtained and properly recorded it creates a lien, which in Texas is good for ten years and can be extended for another ten years. In Texas the lien is only enforceable against non exempt assets. If the judgement is obtained in another state, Kentucky, it can be recorded in Texas and becomes a lien on assets in Texas. Larry Maun 713.266.2560

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Answered on 11/19/01, 11:49 am


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