Legal Question in Bankruptcy in Virginia

I am currently in a chapter 7. I listed a auto finance company who repoed a car about 6 yrs 9 mths years ago and was still listed on my credit report as a repo. As of October 1, 2012 the debt is 7 years old and Iis no longer able to be collectable and a judgement can't be entered against me because of the amount of time. They have now objected to the discharability of the debt and to my entire bankruptcy. Since it has been officially 7 years can I amend my petition to take them off as a creditor? If so, would this them stop their ojection since they are no longer a creditor? Would they be able to try and sue me?


Asked on 10/02/12, 6:21 am

2 Answers from Attorneys
Charles Andersen Charles Andersen, Atty

San Diego Bankruptcy Attorney Taking them off the creditor list is a bad idea, and would only increase your problems. You need to hire a good attorney to defend yourself. It's very difficult for a creditor to win on an issue relating to the objection of the discharge of your entire bankruptcy, and if the debt is that old, on the non dischargeability of the particular debt.

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Answered on 10/02/12, 10:11 am
Daniel Press Chung & Press, P.C.

They have notice, so you can't undo that. You can't avoid liability by hiding from them anyway - you simply need to defend against the dischargeability claim. Anyway, 7 years is not the statute of limitations for anything in Va. - you are confusing credit reporting with collectability. Chances are, though, that either the debt is barred by what is probably a 5 year statute of limitations or they already sued you and got a judgment. If it is time-barred, that would be a defense to the dischargeability claim. If they have a judgment, you need to defend the dischargeability on the merits.

It sounds like you may not have a lawyer handling your bankruptcy. If you had a lawyer, you ay have avoided this issue, but it is not necessarily too late to hire a lawyer now to try to fix this.

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Answered on 10/02/12, 12:48 pm


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