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I have a Bankruptcy which is still open but Discharged. My…

I have a Bankruptcy which...
I have a Bankruptcy which is still open but Discharged.
My mother passed away last month,
I was served by a Petition by my sister that claims I took monies from my mother while she was alive.
10 years ago I borrowed 9000.00 from my mother and paid it back. But my sister says I did not.I am sure my bank has cancelled checks.
Between 2011-2016 I borrowed $25,000.00 from my mother. She wrote the checks and helped pay my Bankruptcy chapter 13. In addition, the Court knew it was from my mother, and my mother submitted a letter to the Bankruptcy Court that it was a gift.In spite of this, I paid and have cancelled checks for over $15,000.00 when she was ill and in the memo always wrote "Loan Payback"
Question, Can I be sued when my Bankruptcy is still open?
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Answered in 10 minutes by:
10/19/2017
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,810
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I'm sorry to say that the answer to your question is yes. Under Section 362 of the bankruptcy code, the automatic stay is terminated upon discharge in a chapter 13. Accordingly, it does indeed sound like you can be sued at this time. Of course, based upon what you wrote, it also sounds like your sister has no case against you.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 10 months ago
What is the Statute of Limitations on the 9000.00 loan I borrowed 10 years ago? I did pay it back but it is going to require a lot of work on my end to get cancelled checks.

Hello again. The statue limitations in California for a contract is just four years. Granted, your bankruptcy may have put a stay on the statute of limitations, but depending on when you filed the SOL may have already expired.

TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,810
Experience: JD, MBA
Verified
TJ, Esq. and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 10 months ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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