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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
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Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I had a US BANK credit card with a balance of $14900.00 while

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I had a US BANK credit card with a balance of $14900.00 while I lived in Ohio. It was charged up high because I had medical expenses related to my MS. This was back in 2007. I have been living in Kansas for over 2 years now, and will be moving to Michigan later this year. What state's SOL applies here to debt? Is it the state the debt was incurred? The state I currently am in? The state the potential lawsuit is filed?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : Give me a minute to review your question
cortrightlaw : This is considered a choice of law issue and most likely the credit contract will have a choice of law provision stating which state the lawsuit can be brought. Additionally it can be brought in the state you lived at the time you obtained the credit.
cortrightlaw : Most SOL on contract issues such as debt are 4 years.
cortrightlaw : And I guess a more definitive answer is the SOL of the state were they file a lawsuit would apply. If you felt they filed in the wrong state you would have to defend the suit based in those grounds
cortrightlaw :

Have I satisfactorily answered your question? If I have please remember to click the GREEN ACCEPT BUTTON so that I will receive credit and compensation for my time (doing so does not end our discussion), i will gladly clarify my response or respond to follow up questions if needed.

Customer:

One more thought...it seems that bankruptcy may indeed be my best route. I know that I would have about two meetings in court, one with a trustee if I read up correctly. I know the trustee represents creditors, so would this meeting be very intimidating? Would the trustee grill me and put me down at all? The reason for bankruptcy here is medical and not me just going on some spending spree. Once I get all the documents in order, such as my last 4 years of tax returns, 6 months of pay stubs, etc, how easy is this process of Chapter 7?

cortrightlaw :

The bankruptcy process is very non confrontational, you will usually only have one meeting and the bankruptcy court called the 341a meeting of the creditors, at this meeting the trustee will ask you if he has any questions regarding your paperwork, creditors rarely showup, this year out a few hundred cases I had only one creditor showed up, the meeting takes about 3 minutes. If you want to do the bankruptcy on your own I recomend purchasing <a href="http://www.nolo.com/products/how-to-file-for-chapter-7-bankruptcy-HFB.html?img=198&kbid=3615">
<b>How to File for Chapter 7 Bankruptcy</b>
</a>
<img src = "https://www.myaffiliateprogram.com/u/nolo/se.asp?e=198&id=3615">

cortrightlaw :

Sorry did the link wrong the first time, the Nolo Chapter 7 book is a great step by step guide to filing chapter 7 bankruptcy.

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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