Can a creditor try to collect a debt 13 years after bankruptcy was filed?

UPDATED: Jun 29, 2012

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Can a creditor try to collect a debt 13 years after bankruptcy was filed?

They claim that when I took out the unsecured loan that I signed something that said I could not include it in a bankruptcy. They never disputed the charge off in court or by mail to the court. My bankruptcy papers clearly state that they were included. Now they are using a collection agency to try to collect from me almost 14 years later. Can they do this?

Asked on June 29, 2012 under Bankruptcy Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the creditor who is now trying collect on a debt allegedly owed by you was named in your bankruptcy schedule more than ten (10) years ago where you received a bankruptcy discharge, then it would appear that this creditor is precluded under federal law from trying to collect on this claimed debt.

Most importantly, since this debt seems to be more than ten (10) years old and assuming there is no judgment against you for this debt, nor lawsuit filed, then it would appear that this creditor is time barred by your state's statute of limitations from bringing a lawsuit against you for its payment.

I suggest that you might want to consider consulting with an attorney that practices in the area of consumer law to further assist you in this matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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