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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4634
Experience:  35 plus years of experience specializing in bankruptcy law
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Does a chapter 13 bankruptcy toll the statute of limitations

Customer Question

Does a chapter 13 bankruptcy toll the statute of limitations on judgement liens in Tennessee?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 10 months ago.
Hello and thank you for allowing me the opportunity to assist you.

Yes, the statute of limitations is tolled while the automatic stay is in place. When the automatic stay is lifted, the statute of limitations begins running again. In a Chapter 13, the automatic stay ordinarily lasts for the duration of the debtors plan, so it's usually for 3 to 5 years.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 10 months ago.

Could you cite the Tennessee statute that supports that answer?

Customer: replied 10 months ago.

Could you cite the Tennessee statute supporting this answer? I'm trying to refinance my house. If the bankruptcy period tolls the statute then I have a problem but, it it doesn't then I have cleared the 10 year collection statute on the judgement.

Customer: replied 10 months ago.
Relist: Incomplete answer.
I need the Tennessee statute that supports the answer.
Expert:  dylatess replied 10 months ago.

Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

Bankruptcy law is a Federal law and the rules of the Bankruptcy Code apply to all states. Having said that, the statute of limitations is tolled or stayed for the period that you are in a bankruptcy proceeding. And the clock starts ticking again once the bankruptcy proceeding is completed. Therefore, Tennessee law is not involved.

Customer: replied 10 months ago.


Are you referring to Title 11, Chapter 1 Sec. 108(a)?

Expert:  dylatess replied 10 months ago.

The bankruptcy code, again under Federal law is as follows:

11 USC § 362 - Title 11

dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4634
Experience: 35 plus years of experience specializing in bankruptcy law
dylatess and other Bankruptcy Law Specialists are ready to help you
Customer: replied 10 months ago.

Thanks

Expert:  dylatess replied 10 months ago.
You are welcome.

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