Legal Question in Bankruptcy in Texas


I had a debt about 11 years ago that became a judgement against me and was on my credit report, in starting my bankruptcy and filling out the information required, this debt is no longer on my credit report... Do I include this debt in my bankruptcy anyways?

Asked on 7/21/09, 3:44 pm

1 Answer from Attorneys

William D. Weber Weber Law Firm, P.C.

Lisitng Old Debt on bankruptcy Papers

Q: Do I include this debt (an 11 year old debt previously listed on my credit report) in my bankruptcy anyways?

A: Absolutely. If you are filing for bankruptcy, you are legally required to list all outstanding debts that you may owe, regardless of the age of the debt.

The statute of limitations has probably expired under your state law. This means that the creditor probably would not be entitled to collect the debt, even if it were not listed on your bankruptcy papers.

Nevertheless, not only are you legally required to list the debt, good legal practice dictates that you should list it. If you do not list it, the creditor may nevertheless choose to continue collection efforts, and would not be penalized for doing so. The only method of ensuring that the debt is discharged, and that you are legally protected form all future collection efforts, is to properly list it on the bankruptcy papers.

Make sure that you list the creditors current name and address to enure that it gets notice of the bankruptcy filing.

Good luck.

William D. Weber, Weber Law Firm, 6666 Harwin Drive, Suite 220, Houston, TX 77036; [email protected] � E-Mail; � Internet

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Answered on 7/21/09, 4:14 pm

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