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Bankruptcy Law/Ch 7 Dismissal

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Expert: Robert Vitt - 7/3/2009


Question
I filed ch 7 in 04, but filed a dismissal a few monhs later. it was dismissed. It has been 5 years and now I am starting to get collection calls. Do I owe on this still, or does this expire? Keep in mind the card(s) in question are not even on my credit report.

Answer
Andy,

If you never filed bankruptcy and got a discharge, then you still owe the debt.

There may be an applicable statute of limitations as to when a creditor could file suit against you for breach of contract...but that may not matter because they can still call you and try to collect the debt.

I would run all three of your credit reports because if you are getting calls on these cards, it is showing up somewhere.  

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Robert Vitt

Expertise

I am able to answer general questions regarding Chapter 7 and Chapter 13 bankruptcy cases. I have particular experience in personal (i.e., non-business) bankruptcies. I am unable to answer any questions pertaining to Chapter 11 bankruptcies.

Experience

www.bankruptcy-ie.com I am admitted to practice in the Central District of California and currently run my own law firm which specializes in bankruptcy.

Organizations
San Bernardino County Bar Association, California State Bar

Education/Credentials
Bachelor of Arts, Philosophy Master of Business Administration Juris Doctor Master of Arts, Philosophy

Past/Present Clients
I have had a variety of clients throughout my career. However, my immediate past clients have been predominantly individuals filing for debt discharge under Chapter 7.

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