Legal Question in Bankruptcy in New York

Debts discharged by bankruptcy -SoL

Ch 7 bankruptcy discharged in 1994. Last week, was phoned by a collection agency Re: a credit card debt. Informed agency that debt was listed on petition. They said they would send case back to AmEx. I want to call Amex, to make sure they don't list it on any credit reports. My concern is whether contacting them would re-start the timing for Statute of Limitations. I am assuming the bankruptcy would over-ride any SOL issues, but I want to be sure.


Asked on 7/13/06, 1:51 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Debts discharged by bankruptcy -SoL

You are safe. Nothing but a promise to pay in writing will re-engage the debt. Even partial payment will not re-create the debt after a CH 7 discharge, and that would re-set the sol.

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Answered on 7/13/06, 2:03 pm


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