Legal Question in Bankruptcy in New York

Ancient debts in Chapter 13

Should a bkcy debtor list an unsecured debt that is older than the statute of limitations (and is therefore uncollectible) on his petition?


Asked on 9/10/08, 6:04 am

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: Ancient debts in Chapter 13

A debtor filing a bankruptcy case is required to list all of his/her debts in the schedules to the bankruptcy petition. If the creditor's claim is subject to dispute there is a space on the schedules to indicate that. Since the active advent of debt buying, debtors often find themselves being pursued for stale debt (this has recently been receiving media coverage described as so called �zombie debt�). For this reason it would be prudent for a debtor to schedule debts as to which the statute of limitations has expired.

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Answered on 9/10/08, 9:04 am


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