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Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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My father filed for Bankruptcy Chapter 7 on 9/01/2004. Then

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My father filed for Bankruptcy Chapter 7 on 9/01/2004. Then June of 2008 the ended the bankruptcy and said it was denied, so no discharge of debts. My father has not made any payments or contacted creditors from the time he filed the Bankruptcy. He is now being contacted by creditors trying to make a settlement. All the debts were un-secured. He has always lived in Texas. My question is; Can the creditors do anything to collect, or has the statue of limitations expired?

Thank you,
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.



It appears that the SOL has run. The SOL in in Texas is not tolled by the filing of bankruptcy and begins to run with the last payment. Thus your father appears to have the SOL as a defense to payment. Texas Code 16.004 (a) (3)).

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