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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36646
Experience:  Bankruptcy Lawyer. Experienced.
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While living in TX I filed for bankruptcy 2002 but because

Resolved Question:

While living in TX I filed for bankruptcy 2002 but because a form was missed in the filing it was withdrawn in Jan 2003. I stopped paying on my credit cards in early in 2002 or sooner. I moved to Missouri in Nov 2003. I haven't talked with the credit card companies since I moved to KC and very little from their collection calls prior to that in 2003. I just received a summons from Chase for a court date in December this year. They are suing for $30,000+ with interest, lawer fees, etc. According to the internet the statute of limitations for credit card debt in TX is 4 years and 5 years in MO. What do you suggest I do. I will probably need a lawyer but . . . comments and suggestions please. No, I don't have the money. I have been unemployed since May 2008.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 6 years ago.

Hello,


Thank you for your question. I am happy to assist you.



You are correct in that you can request that the case be dismissed on the basis of the SOL.


Consider a Chapter 7 bankruptcy for a Plan B. Since your bankruptcy was withdrawn, you may file again without the eight year wait.


Please let me know if I did not answer all of your question.


Thank you,
FLAandNYLAWYER

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Customer: replied 6 years ago.

This didn't totally answer the question. I don't need to file bankruptcy if I can get this dismissed. And if I can't, will that help with this credit card debt? I thought a new law changed that and credit card debt wasn't eliminated with personal bankruptcy. Also, you didn't comment about my thought of going to court myself without a lawyer. What do you think about that idea? Or should I just get a lawyer to call the plaintiff's lawyer and tell them about the SOL. As I understand it, since the SOL was not expired before I moved from Texas, Missouri's "Borrowing Statute" does not apply. Is that also correct?

Expert:  FiveStarLaw replied 6 years ago.
This didn't totally answer the question.
So sorry.


I don't need to file bankruptcy if I can get this dismissed.
Bankruptcy is Plan B in case you cannot get it dismissed.


And if I can't, will that help with this credit card debt? I thought a new law changed that and credit card debt wasn't eliminated with personal bankruptcy.
The new law makes it more difficult to file a chapter 7. A means test is applied and if a debtors income is too high, the person may not be permitted to file a Chapter 7. Since you are unemployed you typically would satisfy the means test of being unable to repay the debts.


Also, you didn't comment about my thought of going to court myself without a lawyer. What do you think about that idea?
I think that you will be able to handle it without a lawyer since you appear are prepared with the SOL information.


Or should I just get a lawyer to call the plaintiff's lawyer and tell them about the SOL.
You can do that . However your plan to ask for a continuance if you did not succeed on the SOL defense was good.


As I understand it, since the SOL was not expired before I moved from Texas, Missouri's "Borrowing Statute" does not apply. Is that also correct? Yes it is.


I hope that this information has helped you.


If I can be of assistance in the future, please ask for FLAandNYLawyer.


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36646
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you

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