Statute of limitations & Chapter 13 for CC debt

[wanuvas]

Does anyone have any idea if te statute of limitations for CC debt runs at the same time as your chapter 13 plan? If yes, and for some reason the plan fails and you cannot convert to a chapter 13 can you still mount an affirmative defense using statute of limitations reasoning for various types of unsecured debt - Credit cards being one example? The state in question is in Oklahoma.

Thanks for any insight.

[despritfreya]

The statute of limitations continues to run during the pendency of the bk. However, I direct your attention to 11 USC 108 (extension of time). Under 108(c) “if applicable non bankruptcy law. . . fixes a period for commencing. . . a civil action in a court other than a bk court. . . and any such period has not expired before the date of the filing of the petition, then such period does not expire until the later of the end of such period. . . or 30 days after notice of the termination of the stay. . .”

In essence, if the SOL runs while you are in the bk, it is extended by 30 days after the entry of the Order dismissing.

Des.

[wanuvas]

Thanks for the help! I appreciate it.