Do debts past the statute of limitations need to be included in a chapter 13 filing? 10 Answers as of August 31, 2015

My understanding is the statute of limitations on a debt in my state is 4 years. Do all debts, including those past the statute of limitations have to be included in a chap 13 filing? If not, and it is in the filing does that reaffirm the debt and make me liable for it again?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
A Fresh Start
A Fresh Start | Dorothy G Bunce
I have seen this question from you on several social media sites. The problem is you assume that the statute of limitations in your state applies to all of your debt. The reality is this assumption is incorrect. Many creditors have a clause in the small print that says that the applicable law that applies is the state where the creditor is located. Often that is Delaware or North Dakota. If you take a risk that you are right and your attorney is wrong, the debt could still be collected. BTW, if a claim is filed in a Chapter 13 on a debt outside of the statute of limitations, your attorney can object to it and the creditor will have to pay your attorney?s legal fees. So I still don?t understand why you are so adamant against taking the legal advice from the great attorney you hired to represent you. He is really looking out for your interest and frankly, I would be telling you to take your retainer check and head over to the worst sleazebag attorney down the road who will be your minion, because I represent clients who appreciate my expertise.
Answer Applies to: Nevada
Replied: 5/20/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You should list them. Then watch the claims that come in. Object to the ones that past the SOL. In the 9th Circuit you can't sue for that (but I'm giving it a go).
Answer Applies to: California
Replied: 5/20/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
That would be a no.
Answer Applies to: California
Replied: 8/31/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
I am a "belt & suspenders" kind of lawyer. Include ALL debts, regardless!
Answer Applies to: Colorado
Replied: 5/19/2015
Ronald K. Nims LLC | Ronald K. Nims
Unless you are sure that the debt is past the SOL, I'd advise listing it. Many credit card contracts and other debts have provisions that apply the law of a different state to the debt. That would make the SOL in that state apply. If the debt is past the SOL, the trustee will challenge claim and it won't be paid in the Chapter 13. Listing a debt on your schedules does not reaffirm the debt.
Answer Applies to: Ohio
Replied: 5/19/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally be effective a bankruptcy is to make the debt which is in the bankruptcy uncollectible, and that the creditor is no longer allowed to take creditors actions in order to collect. The statute of limitations in Michigan is normally six years. I would most strongly suggest that you counsel with a bankruptcy practitioner prior to the time that you do anything. You clearly do not understand all of the law and therefore could make a very major mistake.
    Answer Applies to: Michigan
    Replied: 5/19/2015
    Stephens Gourley & Bywater | David A. Stephens
    They do not need to be included, but if you have any doubts about whether the statute of limitations has run, you should include them.
    Answer Applies to: Nevada
    Replied: 5/19/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You are required to list everyone to whom you owe money. The law does not say to list only those who still have a legal right to collect from you. You must list EVERYONE.
    Answer Applies to: Colorado
    Replied: 5/19/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Mark it as disputed and object to a proof of claim if they file.
    Answer Applies to: New York
    Replied: 5/19/2015
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    This is a question to ask when you go to an attorney for your Chapter 13 consultation. Much depends on what they have done to collect. Generally, all possible debts should be included in a Bankruptcy filing. Filing the bankruptcy doesn't change whether you owe or not, or the statute.
    Answer Applies to: Illinois
    Replied: 5/19/2015
Click to View More Answers: