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After BK - private student loans and statute of limitations

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    A bankruptcy tolls or statutory limitations to bring a lawsuit. It is tolled from the time of filing until the time the automatic stay is lifted or ends (plus a buffer, typically 30-90 days). The tricky part is just when did the automatic stay end? Upon discharge? Upon case closing? Are there differences in a Chapter 7 versus a Chapter 13?

    This is probably why SOL situations that are very narrow and tight, as to just when did it end, are particularly cumbersome when dealing with a bankruptcy.

    Also, see 11 USC 108.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.


      Originally posted by bcohen View Post
      Please re-read my reply above. It is NOT IN YOUR INTEREST to contact these people in any way, shape, or form. What you want is to "slip through the cracks" and not be sued before the SOL runs out.
      This is the response I needed. A hundred "thank you"s!


        And if by chance you happen to get a telephone call from this JDB--DO NOT ANSWER IT! If you do, you could well answer an innocent question in the affirmative. These calls are routinely recorded, and can be edited in such a way as to make it seem you acknowledge the debt.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."


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