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SOL frozen while in CH13?


rella5
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Hello everyone. I asked this in another forum but got no reply so I thought maybe it was a question for the lawyer types. In Va the SOL on CCs is 3yrs . Since a BK "stays" or freezes action by creditors, does it also freeze the SOL. In other words, if the DOLA is May of 2004, we file in Sept 2004 and dismiss a 5 yr plan in Feb 2007, does the SOL still have 2 1/2 years left? Hope this isn't too confusing. Thanks!

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Hello everyone. I asked this in another forum but got no reply so I thought maybe it was a question for the lawyer types. In Va the SOL on CCs is 3yrs . Since a BK "stays" or freezes action by creditors, does it also freeze the SOL. In other words, if the DOLA is May of 2004, we file in Sept 2004 and dismiss a 5 yr plan in Feb 2007, does the SOL still have 2 1/2 years left? Hope this isn't too confusing. Thanks!

Is your Chapter 13 being "dismissed" or "discharged" in February 2007? :confused:

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either we will dismiss or the Trustee will eventually, we can't make $2100. per mo pmnts to BK, and my husband is due to inherit $ in a few months and we are thinking about taking our chances negotiating. Wish we knew about this forum before we filed

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  • 2 weeks later...
I believe this is a state law issue. In GA, SOL continues to run during BK. If the SOL expires during BK and the BK is dismissed, a creditor has 30 days to file a suit on the debt.

Do you know where I can find info for California, CH13 and sol? I dismissed mine in 11/04. My household account which was charged off in 03 says date of last payment 10/04 and dola 11/04. I know payments were never made to household through the CH13 so that is incorrect. I want to make sure I'm right about dola before I go and dispute. I just don't want the sol to start again from 11/04 versus when it was charged off.

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I started this thread , then after spending hours on this site I have learned how to learn.. meaning that when my first reply-er suggested it was a state law I went (via google) to the Code of Va (my state) and there it was.

"when the filing of an action is obstructed by a defendants filing a petition in bankruptcy then the time that such an obstruction has continued shall not be counted as any part of the period within which the action must be brought"

I paraphrased the above to get to the relevant part. So now I know that when I dismiss this Ch 13 I must be armed and ready, which is why I spend a lot of time reading and learning ( and trying not to be asked for spoon feeding) from the kind and learned folks on this site!

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