Debt over state's SOL - should it be included?

[frazzled]

We have our appointment with our attorney next week and will most probably claim Ch. 7. I am getting our documents together, and I know there are credit cards that we defaulted on in 8/1997. NY's Statute of Limitations is six years. Only two are still on our credit reports; the others have been removed.

I still have very old statements from the old collection agencies from the ones that are no longer on our reports. Should I include these in the bankruptcy, even though they are "old"?

Thank you so much for any information.

Lisa

[HHM]

Yes, even though they can't sue you for the balance, that doesn't mean they can't use non-judicial collection efforts.

Bankruptcy brings a level of certainty regarding the status of the debt, the debt will be discharged in BK.

[BrokeCh7]

include it all

It won't cost anything more to include it and if you don't you might need to deal with it later on. Even if it is over the SL some collection dept might just use scare games to make you pay.

If you know your rights but need to go to court to keep them you still pay a cost. It would be better to be safe then sorry.

Good Luck