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cfortunato
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Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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I have a discharged bankruptcy from the 1980,s. I may have

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I have a discharged bankruptcy from the 1980,s. I may have filled out a couple of credit card applications in the year 2003 or 2004 and they asked: Have you ever filed for bankruptcy or do you have a bankruptcy in your credit history. I answer them with NO. I believe because this fell off my credit reports that was the proper answer. If I decide not to pay my credit cards or file a chapter 13, do you think this will come back to haunt me? Is there any kind status of limitations here?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

At this point, there would be no way for those credit card companies to find out that you filed a Bankruptcy that long ago. The Bankruptcy court does not keep records from that long ago, and when you file now, you will only be asked if you filed a Bankruptcy within the past 8 years.

Also, when asked on a credit card application if you have filed a Bankruptcy, the question is usually, "Have you filed a Bankruptcy within the past 10 years?".

Accordingly, having said no to the Bankruptcy question on those credit card applications is highly unlikely to come back to haunt you if you file another Bankruptcy

I think this is what you wanted to know. If not, please let me know.
Thank you!



Edited by cfortunato on 2/6/2011 at 1:15 AM EST
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
All bankruptcy records are kept forever on what's called Pacer. Would the status of limitations come into play here?
Expert:  cfortunato replied 3 years ago.

The Bankruptcies that were filed after Pacer originated can be kept forever. However, there was no Pacer back in the 1980's. All filings were on paper then.

There is no Statute of Limitations that would apply.

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