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Debts over 10yrs old

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    Debts over 10yrs old

    I forgot to ask my lawyer, so I'll ask here in the mean time! Old debts more then 10yrs, I have no clue who owns them now nor remember where they are from but are /can those be included. meaning since I filed bk they will be discharged (If I make it that far!) Obviously the SOL has come and gone. Was just thinking sine I know they cannot sure me any longer, but can keep calling trying to collect. Also worried it may affect my credit after when trying to rebuild.

    #2
    They can sue you for SOL debt because their paperwork (possibly from the junk debt buyer they bought it from) supposedly says it hasn't expired. If the process server pretends to serve you (this is very common), you won't know and lose to a default judgement and it may be many years before you learn of the judgement. You could accidentally restart the SOL or they could be dishonest and claim you restarted the SOL. Because of all this, you need to make sure they are discharged in BK no matter how old.

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      #3
      Yes. Include them. As the other poster stated. You could accidently reset the SOL or they could do shady shit to get a default judgement in their favor. List the best most accurate information you can. Last known Creditor and amount. That way a chain can be est by who bought and sold it. I included debt that was almost 20 yrs old just to make sure.

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        #4
        Here's why you should include them.

        I had American Express file a claim from more than 20 years in the past in my bankruptcy. It was way beyond the SOL no matter where I lived, wasn't tolled (they knew where I lived), and they had never ever even bothered me about this alleged debt... ever. I was actually a current cardholder with over $120K limits! Strange.

        So when they filed this mystery claim, I objected and moved to strike it. The judge "advised" me the following way; "why would you strike it. just let it be included and it will be discharged." So, I didn't strike it, but had it disallowed. That way, no matter what, there is finality that this debt is truly gone!
        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.

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