In Bankruptcy proceedings, the statute of limitation is the maximum limit of time that someone gets to initiate any kind of legal proceedings. It might vary depending on situations and various chapters of bankruptcy. Any individual that is going to file for bankruptcy should be familiar with this statute. This article provides answers to some of the most commonly asked questions about issues related to this. What is the statute of limitation for Bankruptcy Code violation? Usually there is no such statute for filing a complaint in bankruptcy code violation. In such a violation a complaint can be lodged at any time. However, this could vary depending on location. What is the statute of limitations on debts in the state of California? In California the statute of limitations on collection of debts is usually four years. What is the statute of limitations for reporting a bankruptcy on someone’s credit report? As per Fair Credit Reporting Act, the statute of limitations to report a bankruptcy on an individual’s credit report is ten years. This statute remained unaffected by the changes that were brought in in 2005. What is the statute of limitations on unsecured debts in bankruptcy in the state of Tennessee? There are differences in the statute of limitations for such debts in bankruptcy in different states of USA. In Tennessee it is 6 years. However, if a judgment has been pronounced on the bankruptcy, the creditor may be allowed 10 years to collect the debt. Is there any statute of limitation for reopening a Chapter 7 bankruptcy that has already been discharged? In most cases there is no such bar to open a Chapter 7 bankruptcy once it is discharged. Usually it is reopened only for the purpose of administering assets or providing relief to the debtor. Can bankruptcy toll the statute of limitations on debts? In most cases, a bankruptcy does not suspend or toll the statute to collect debts from an individual. What is the statute of limitation for discharging unpaid income tax in a Chapter 7 Bankruptcy? In most cases, if the person had filed the income tax then the statute of limitation for discharging unpaid taxes in Chapter 7 bankruptcy is seven years from the date of the filing of tax return. However, it may not be operative if the person has not filed the income tax return. Filing for bankruptcy involves lot of paperwork. The individual should also know which debts are exempt and which assets are non-exempt in bankruptcy. In some cases, someone may declare wrong assets without knowing or even forget to declare certain assets. Knowing the statute thoroughly can help individuals make amendments if any mistake has been made while filing for bankruptcy. Since this law is not uniform throughout the U.S. and varies from state to state, a lay person might easily get confused. In such cases it is best to ask a bankruptcy lawyer to answer any questions you have to help you decide on the best course of action.
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