Central District Consumer Bankruptcy Attorney's Association

charset="UTF-8"
To answer my own question, yes I was missing something. I was half right in that 108 refers to state law, but was completely wrong on CCP 356. As Jonathan pointed to and Siavish analyzed, 356 points to the auto stay and 108(c) points to 356.
I now sit corrected eating my sausage biscuit, which for some reason tastes remarkably like crow.
This still leaves the question of which state law applies. In collection cases heard in CA that are based on a contract, the choice of law provision in the contract controls the SOL. Which means that although CA has a four year SOL, there may be a longer or shorter SOL on a particular debt based on the applicable state law.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

CCP 356 says "when an action is stayed by an injunction ..." The automatic
stays are injunctions that cause actions to be stayed (362, 922, 1201,
1301). So CCP 356 coupled with 362 (for example) when incorporated by
108(c) cause the SOL to be tolled.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, May 1, 2014 at 6:15 PM, Patrick T. Green wrote:
>
>
> Am I missing something? Where in CCP 356 does it say that the SOL is
> tolled during bk? And where in 108(c) does it say the SOL is tolled?
>
>
>
> CCP 356 says when an action is stayed by injunction or statutory
> prohibition the stay period is tolls the statute. So you have to look
> elsewhere to see if an injunction or statutory prohibition exists. Unless
> there is something else in CA law, the SOL is not tolled in CA.
>
>
>
> 108(c) says that;
>
>
>
> (c) Except as provided in section 524 of this title, if *applicable
> nonbankruptcy law*, *an order entered in a nonbankruptcy proceeding*, or*
> an agreement **fixes a period *for commencing or continuing a civil
> action in a court other than a bankruptcy court on a claim against the
> debtor, or against an individual with respect to which such individual is
> protected under section 1201 or 1301 of this title, and such period has not
> expired before the date of the filing of the petition, then such period
> does not expire until the later of
>
>
>
> (1) the end of such *period*, including any suspension of such period
> occurring on or after the commencement of the case;
>
>
>
> (2) 30 days days after the termination or expiration of the stay...
>
>
>
> Where in (1) applicable non-bankruptcy law, (2) in an order in a bk
> proceeding, or (3) an agreement does one find tolling? The answer is the
> controlling state law regarding the SOL. There is nothing in CA law that
> tolls the SOL, so the question is: what state law controls? I think you
> have to look to the choice of law provision in the underlying contract or
> where the action does not sound in contract, the state law where the
> liability arose.
>
>
>
> If the controlling state law does not toll the SOL during the pendency of
> the bk, the SOL continues to run and can end during the bk. Thus there is
> no tolling period for (c)(1), so we have to look at (c)(2), which extends
> the period for 30 days after the end of the stay if the SOL expires before
> that time. If the creditor does not sue during that period, which is a
> very short window, they are forever barred. There is a N.C. state case
> that misreads the statute, but the I think the language is clear.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green
>
> 1010 E. Union St. Ste. 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@fitzgreenlaw.com
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Michael Avanesian
> *Sent:* Thursday, May 01, 2014 5:37 PM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] post collection activity after Chapter 13
> dismissal.
>
>
>
>
>
> Just want to clarify my email was not correct (I'm in Hawaii and wife was
> rushing me!)
>
>
>
> Because of CCP 356 the statute would be tolled for the duration of the
> bankruptcy so if a four year SOL had run for 6 months, there would be
> another 3.5 years left on it after the bk is dismissed. Now if the 4 year
> statute of limitations had 5 days left on it and a bk was filed, once the
> case is dismissed, the SOL would be 30 days from dismissal.
>
>
>
> Sincerely,
>
> Michael Avanesian
>
> Law Offices of David A. Tilem
>
> www.tilemlaw.com
>
> 818-507-6000
>
>
>
> On Thu, May 1, 2014 at 1:41 PM, Erik Clark wrote:
>
>
>
> No, under CA law the SOL is tolled during the BK
>
>
>
> On Thu, May 1, 2014 at 9:07 AM, patricia said
> wrote:
>
>
>
> I have a Chapter 13 client who says if his case is dismissed, since
> it was filed almost 4 years ago, the unsecured creditors will no longer
> try and collect from him. He owes a substantial amount of credit card debt,
> some of which was transferred to the debt buyers.
>
> Is his assumption correct or mere wishful thinking.
>
> Pat Said.
>
>
>
> *Patricia Said*
>
> *Attorney at Law*
>
> *13443 McCormick Street*
>
> *Sherman Oaks, CA 91401*
>
> *(818)789-0781 fax (818)789-5820 *
>
> *patriciahsaid@yahoo.com *
>
>
>
> This electronic message contains information from the Law Office
> of Patricia Said which may be privileged and confidential.
>
> The information is intended for the use of the addressee(s) only. If you
> are not an addressee, note that any disclosure, copying, distribution or
> use of the contents of this email is prohibited. If you receive this email
> in error, please contact the sender.
>
>
>
>
>
> --
>
> M. Erik Clark
> [image: BCLogo]
>
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
>
> www.BorowitzClark.com
>
> Office: (626) 332-8600
>
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
>
>
>
>
CCP 356 says "when an action is stayed by an injunction ..." The automatic stays are injunctions that cause actions to be stayed (362, 922, 1201, 1301). So CCP 356 coupled with 362 (for example) when incorporated by 108(c) cause the SOL to be tolled.Just want to clarify my email was not correct (I'm in Hawaii and wife was rushing me!)
Because of CCP 356 the statute would be tolled for the duration of the bankruptcy so if a four year SOL had run for 6 months, there would be another 3.5 years left on it after the bk is dismissed. Now if the 4 year statute of limitations had 5 days left on it and a bk was filed, once the case is dismissed, the SOL would be 30 days from dismissal.
Sincerely,Michael Avanesian
Law Offices of David A. Tilemwww.tilemlaw.com
818-507-6000On Thu, May 1, 2014 at 1:41 PM, Erik Clark <eclark@blclaw.com> wrote:
No, under CA law the SOL is tolled during the BK
On Thu, May 1, 2014 at 9:07 AM, patricia said <patriciahsaid@yahoo.com> wrote:
I have a Chapter 13 client who says if his case is dismissed, since it was filed almost 4years ago, the unsecured creditors will no longer try and collect from him. He owes a substantial amount of credit card debt, some of which was transferred to the debt buyers.
Is his assumption correct or mere wishful thinking.Pat Said.
Patricia Said

The post was migrated from Yahoo.

I always explain to my potential debtors that the automatic stay is a nationwide injunction ("a judicial remedy awarded for the purpose of requiring a party to do or refrain from doing a particular act or activity") against any collection action by a creditor.
- John D. Faucher
818/889-8080
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Thursday, May 1, 2014 7:21 PM
Subject: RE: [cdcbaa] post collection activity after Chapter 13 dismissal.
Wouldn't the statutory prohibition be the automatic stay?
Jonathan Leventhal, Esq.
Leventhal Law Group, P.C.
818-347-5800
Date:05/01/2014 6:15 PM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] post collection activity after Chapter 13 dismissal.
Am I missing something? Where in CCP 356 does it say that the SOL is tolled during bk? And where in 108(c) does it say the SOL is tolled?
CCP 356 says when an action is stayed by injunction or statutory prohibition the stay period is tolls the statute. So you have to look elsewhere to see if an injunction or statutory prohibition exists. Unless there is something else in CA law, the SOL is not tolled in CA.
108(c) says that;
(c) Except as provided in section 524 of this title, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, oran agreement fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor, or against an individual with respect to which such individual is protected under section 1201 or 1301 of this title, and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of
(1) the end of such period, including any suspension of such period occurring on or after the commencement of the case;
(2) 30 days days after the termination or expiration of the stay...
Where in (1) applicable non-bankruptcy law, (2) in an order in a bk proceeding, or (3) an agreement does one find tolling? The answer is the controlling state law regarding the SOL. There is nothing in CA law that tolls the SOL, so the question is: what state law controls? I think you have to look to the choice of law provision in the underlying contract or where the action does not sound in contract, the state law where the liability arose.
If the controlling state law does not toll the SOL during the pendency of the bk, the SOL continues to run and can end during the bk. Thus there is no tolling period for (c)(1), so we have to look at (c)(2), which extends the period for 30 days after the end of the stay if the SOL expires before that time. If the creditor does not sue during that period, which is a very short window, they are forever barred. There is a N.C. state case that misreads the statute, but the I think the language is clear.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Michael Avanesian
Sent: Thursday, May 01, 2014 5:37 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] post collection activity after Chapter 13 dismissal.
Just want to clarify my email was not correct (I'm in Hawaii and wife was rushing me!)
Because of CCP 356 the statute would be tolled for the duration of the bankruptcy so if a four year SOL had run for 6 months, there would be another 3.5 years left on it after the bk is dismissed. Now if the 4 year statute of limitations had 5 days left on it and a bk was filed, once the case is dismissed, the SOL would be 30 days from dismissal.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, May 1, 2014 at 1:41 PM, Erik Clark wrote:
No, under CA law the SOL is tolled during the BK
On Thu, May 1, 2014 at 9:07 AM, patricia said wrote:
his case is dismissed, since it was filed almost 4years ago, the unsecured creditors will no longer try and collect from him. He owes a substantial amount of credit card debt, some of which was transferred to the debt buyers.
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
M. Erik Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BorowitzClark.com
Office:(626) 332-8600
Fax:(626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification

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To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system

The post was migrated from Yahoo.

My client listened to another lawyer who said the same thing.
She subbed me out and dismissed her case after 4 years.
Within 90 days, she was sued by American Express.
It depends on the creditor. Some are more aggressive than others.
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
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charset="UTF-8"
Am I missing something? Where in CCP 356 does it say that the SOL is tolled during bk? And where in 108(c) does it say the SOL is tolled?
CCP 356 says when an action is stayed by injunction or statutory prohibition the stay period is tolls the statute. So you have to look elsewhere to see if an injunction or statutory prohibition exists. Unless there is something else in CA law, the SOL is not tolled in CA.
108(c) says that;
(c) Except as provided in section 524 of this title, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor, or against an individual with respect to which such individual is protected under section 1201 or 1301 of this title, and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of
(1) the end of such period, including any suspension of such period occurring on or after the commencement of the case;
(2) 30 days days after the termination or expiration of the stay...
Where in (1) applicable non-bankruptcy law, (2) in an order in a bk proceeding, or (3) an agreement does one find tolling? The answer is the controlling state law regarding the SOL. There is nothing in CA law that tolls the SOL, so the question is: what state law controls? I think you have to look to the choice of law provision in the underlying contract or where the action does not sound in contract, the state law where the liability arose.
If the controlling state law does not toll the SOL during the pendency of the bk, the SOL continues to run and can end during the bk. Thus there is no tolling period for (c)(1), so we have to look at (c)(2), which extends the period for 30 days after the end of the stay if the SOL expires before that time. If the creditor does not sue during that period, which is a very short window, they are forever barred. There is a N.C. state case that misreads the statute, but the I think the language is clear.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

Just want to clarify my email was not correct (I'm in Hawaii and wife was
rushing me!)
Because of CCP 356 the statute would be tolled for the duration of the
bankruptcy so if a four year SOL had run for 6 months, there would be
another 3.5 years left on it after the bk is dismissed. Now if the 4 year
statute of limitations had 5 days left on it and a bk was filed, once the
case is dismissed, the SOL would be 30 days from dismissal.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, May 1, 2014 at 1:41 PM, Erik Clark wrote:
>
>
> No, under CA law the SOL is tolled during the BK
>
>
> On Thu, May 1, 2014 at 9:07 AM, patricia said wrote:
>
>>
>>
>> I have a Chapter 13 client who says if his case is dismissed,
>> since it was filed almost 4 years ago, the unsecured creditors will no
>> longer try and collect from him. He owes a substantial amount of credit
>> card debt, some of which was transferred to the debt buyers.
>> Is his assumption correct or mere wishful thinking.
>> Pat Said.
>>
>> *Patricia Said*
>> *Attorney at Law*
>> *13443 McCormick Street*
>> *Sherman Oaks, CA 91401*
>> *(818)789-0781 fax (818)789-5820 *
>> *patriciahsaid@yahoo.com *
>>
>> This electronic message contains information from the Law Office
>> of Patricia Said which may be privileged and confidential.
>> The information is intended for the use of the addressee(s) only. If you
>> are not an addressee, note that any disclosure, copying, distribution or
>> use of the contents of this email is prohibited. If you receive this email
>> in error, please contact the sender.
>>
>>
>
>
> --
>
> M. Erik Clark
> [image: BCLogo]
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
> www.BorowitzClark.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
>
>
Just want to clarify my email was not correct (I'm in Hawaii and wife was rushing me!)Because of CCP 356 the statute would be tolled for the duration of the bankruptcy so if a four year SOL had run for 6 months, there would be another 3.5 years left on it after the bk is dismissed. Now if the 4 year statute of limitations had 5 days left on it and a bk was filed, once the case is dismissed, the SOL would be 30 days from dismissal.
Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com
818-507-6000
On Thu, May 1, 2014 at 1:41 PM, Erik Clark <eclark@blclaw.com> wrote:
No, under CA law the SOL is tolled during the BKOn Thu, May 1, 2014 at 9:07 AM, patricia said <patriciahsaid@yahoo.com> wrote:

The post was migrated from Yahoo.

To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
I have researched this legal issue before. The short answer is that under CA law, the SOL is tolled during the bk. The long answer is the four-year SOL set forth in CCP 337(1) falls within the ambit of the tolling provisions of 11 U.S.C. 108(c). However, 108(c), on its own, does not toll CA SOL upon the initiation of bk. Instead 108(c) merely provides for the incorporation of such tolling provisions where expressly provided under CA law. See In re Danzig, 233 B.R. 85 (B.A.P. 8th Cir. 1999), aff'd, 217 F.3d 620 (8th Cir. 2000). Under CA law, CCP 356 provides, "when the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action." CCP
Based on the foregoing analysis, it wouldn't matter whether payments were made during the Chapter 13 bk. The SOL is tolled because the stay was in effect throughout the bk.
I hope that helps.
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On Thu, May 1, 2014 at 9:07 AM, patricia said wrote:
I have a Chapter 13 client who says if his case is dismissed, since it was filed almost 4 years ago, the unsecured creditors will no longer try and collect from him. He owes a substantial amount of credit card debt, some of which was transferred to the debt buyers.
Is his assumption correct or mere wishful thinking.
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office of Patricia Said which may be privileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.

The post was migrated from Yahoo.

No, under CA law the SOL is tolled during the BK
On Thu, May 1, 2014 at 9:07 AM, patricia said wrote:
>
>
> I have a Chapter 13 client who says if his case is dismissed, since
> it was filed almost 4 years ago, the unsecured creditors will no longer
> try and collect from him. He owes a substantial amount of credit card debt,
> some of which was transferred to the debt buyers.
> Is his assumption correct or mere wishful thinking.
> Pat Said.
>
> *Patricia Said*
> *Attorney at Law*
> *13443 McCormick Street*
> *Sherman Oaks, CA 91401*
> *(818)789-0781 fax (818)789-5820 *
> *patriciahsaid@yahoo.com *
>
> This electronic message contains information from the Law Office
> of Patricia Said which may be privileged and confidential.
> The information is intended for the use of the addressee(s) only. If you
> are not an addressee, note that any disclosure, copying, distribution or
> use of the contents of this email is prohibited. If you receive this email
> in error, please contact the sender.
>
>
>
M. Erik Clark
[image: BCLogo]
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BorowitzClark.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
No, under CA law the SOL is tolled during the BKOn Thu, May 1, 2014 at 9:07 AM, patricia said <patriciahsaid@yahoo.com> wrote:

The post was migrated from Yahoo.

I did not research the issue but CCP 356 should toll any state (federal?)
causes of action. So if 6 months had run on a 4 year SOL, the last day to
file would be 4 years less 6 months that had already run 3.5 years from
the date the case is dismissed + 30 days from operation of 108(c). Maybe
there is a federal preemption argument to be made (did not research) which
could reduce that period. There may also be some equitable tolling
arguments as well. I agree though in my very limited experience, most
creditors lose sight of the debtor when a bankruptcy is filed.
Sincerely,
Michael Avanesian
On Thu, May 1, 2014 at 12:32 PM, Frank Ruggier wrote:
>
>
> I have never researched the issue, but arguably creditor could argue that
> the bankruptcy automatic stay tolled that SOL. But as a practical matter,
> as someone else said, creditors just might not bother after 4+ years of
> non-payment and a bankruptcy that was pending for many years.
>
>
>
> Frank X. Ruggier
> Price Law Group, APC
> 15760 Ventura Blvd., Suite 1100
> Encino, CA 91436
> Direct: (818) 205-2406
> Fax: (818) 907-2106
> www.pricelawgroup.com
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Catherine Christiansen
> *Sent:* Thursday, May 01, 2014 12:28 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] post collection activity after Chapter 13
> dismissal.
>
>
>
>
>
> There are others that know a great deal more than I do.
>
>
>
> Sounds like he is mixing up the 4 year SOL on collections for dormant
> account (no payments in 4 years) with the Bankruptcy Discharge. If the Ch
> 13 paid a percentage to the creditors then I would ask the question if
> those payments extended the 4 year SOL to collect.
>
>
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
>
>
>
>
> On Thursday, May 1, 2014 12:02 PM, Hale Andrew Antico
> wrote:
>
>
>
> I had a client helpfully provide me a page printed out from the internet
> showing that if I properly completed the exemptions for their case that
> none of their property would be at risk of liquidation. The internet knows
> everything!*
>
>
>
> *except legal advice
>
> ** except how to avoid generalities
>
> *** except how to apply law to facts
>
>
> ------------------------------
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Leventhal Law Group, P.C.
> *Sent:* Thursday, May 01, 2014 9:19 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] post collection activity after Chapter 13
> dismissal.
>
>
>
> Since when does a client give legal advise
>
>
>
>
>
> I would urge you to look up the case and verify the information. Then
> verify the last payment and last usage of the account. Use those dates
> along with the Bk dates to see if the debt is still collectable!
>
>
>
>
>
> Jonathan Leventhal, Esq.
>
> Leventhal Law Group, P.C.
>
> 818-347-5800
>
>
>
> -------- Original message --------
>
>
> Date:05/01/2014 9:07 AM (GMT-08:00)
>
> To: consumer bk group
>
> Subject: [cdcbaa] post collection activity after Chapter 13 dismissal.
>
>
>
>
>
> I have a Chapter 13 client who says if his case is dismissed, since
> it was filed almost 4 years ago, the unsecured creditors will no longer
> try and collect from him. He owes a substantial amount of credit card debt,
> some of which was transferred to the debt buyers.
>
> Is his assumption correct or mere wishful thinking.
>
> Pat Said.
>
>
>
> *Patricia Said*
>
> *Attorney at Law*
>
> *13443 McCormick Street*
>
> *Sherman Oaks, CA 91401*
>
> *(818)789-0781 fax (818)789-5820 *
>
> *patriciahsaid@yahoo.com *
>
>
>
>
> This electronic message contains information from the Law Office
> of Patricia Said which may be privileged and confidential.
>
> The information is intended for the use of the addressee(s) only. If you
> are not an addressee, note that any disclosure, copying, distribution or
> use of the contents of this email is prohibited. If you receive this email
> in error, please contact the sender.
>
>
>
>
>
I did not research the issue but CCP 356 should toll any state (federal?) causes of action. So if 6 months had run on a 4 year SOL, the last day to file would be 4 years less 6 months that had already run 3.5 years from the date the case is dismissed + 30 days from operation of 108(c). Maybe there is a federal preemption argument to be made (did not research) which could reduce that period. There may also be some equitable tolling arguments as well. I agree though in my very limited experience, most creditors lose sight of the debtor when a bankruptcy is filed.
Sincerely, Michael AvanesianOn Thu, May 1, 2014 at 12:32 PM, Frank Ruggier <frank@pricelawgroup.com> wrote:
I have never researched the issue, but arguably creditor could argue that the bankruptcy automatic stay tolled that SOL. But as a practical matter, as someone else said, creditors just might not bother after 4+ years of non-payment and a bankruptcy that was pending for many years.Frank X. RuggierPrice Law Group, APC15760 Ventura Blvd., Suite 1100
Encino, CA 91436Direct: (818) 205-2406Fax: (818) 907-2106
www.pricelawgroup.com
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Catherine Christiansen
Sent: Thursday, May 01, 2014 12:28 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] post collection activity after Chapter 13 dismissal.
There are others that know a great deal more than I do.
Sounds like he is mixing up the 4 year SOL on collections for dormant account (no payments in 4 years) with the Bankruptcy Discharge. If the Ch 13 paid a percentage to the creditors then I would ask the question if those payments extended the 4 year SOL to collect.

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