Legal Question in Bankruptcy in Virginia

My bankruptcy case was closed not discharged in March 2009. Now an attorney has petitioned a state court to reopen my bankruptcy case. My question is does the statue of limitations on debt apply in this case I applied for bankruptcy in 2004 and can a state court hear a bankruptcy case. I need your help will you please give me the answers to these questions and provide me with someone who would represent me in this case possibly for free.


Asked on 2/17/10, 5:58 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

A state court can't hear a bankruptcy case. Something about this makes no sense - it sounds like the creditor in state court is probably trying to reopen a state court lawsuit that was stayed due to the bankruptcy, which they may be able to do. The bankruptcy tolled the statute of limitations, so a new state court suit may be timely. You need to have a bankruptcy lawyer look over all of this - but you should not expect it to be for free unless you are truly indigent (in which case you should go through Legal Aid in your area).

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Answered on 2/22/10, 6:23 am


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