Can a creditor still file a lawsuit for a debt that was discharged in bankruptcy?

UPDATED: Oct 11, 2010

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Can a creditor still file a lawsuit for a debt that was discharged in bankruptcy?

On 06/14/04 my son, then 17, rear-ended a car and he had no insurance.  The other driver’s insurance company came after me because he was a minor. I filed a Chapter 13 which stopped the judgement on me and since then I have completed my Chapter 13 (11/05/09). However, on 10/10/10 I was served legal papers regarding the same lawsuit which has both my name and my son’s name on it. Also, now that my son is 23, can they come him since he is an adult? What and when does the statue of limitations apply?

Asked on October 11, 2010 under Bankruptcy Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You state that your son had no insurance but was he driving your vehicle that had insurance on the date of loss?  That is my assumption here. 

First, I would take the Summons and Complaint and forward it to the insurance carrier that covered you on the date of loss.   I know that is has been a long time.  Don't worry about that.  They should still owe you a defense.  I hope that you sent them all the information on the suit the first time around as well. I would also send your discharge information.

For your information the statute of limitations in this matter is 3 years from the date of loss so it appears that the time to bring the suit has run.  I would also consider consulting with a personal attorney in this matter just to protect yourself and make sure that things are covered.  Good luck.

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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