trustee hearing

[carolen]

Well things did not go so well but we are working that out. One thing trustee told me was let's wait and see who files claims. I can tell you I will not honor anything that is beyond statute of limitations. Since we have 3 that are beyond the sol what happens to them? I know they can't sue us but if not in chapter 13 they can send the 1099's right?

[BNKRPTinNC]

No expert here but it wouldn't matter whether or not the sol has any bearing on who you add. If you have them listed as a creditor and they don't file a claim you are covered either way and the debt will be discharged once the plan is completed. I had received a bill while in my 4th year of the 13 that had surpassed the sol. After contacting atty I paid the $25 to add them to the "list" of creditors. They never objected at the end and that was that. I would list anything and everything and let the court and trustee sort it out. Also, you can always dispute a claim.

[justbroke]

As my Judge once told me, let them file. Then, object to the claim. The claim will be "included in the discharge" and will be discharged summarily once the discharge is entered. In other word,s it will give finality to even those claims that are beyond the statute of limitations. I had two claims that we both over 18 years old (with one being even older). One was not even mine.

The key is to just use the process for what it does. If the old claim comes in and it is beyond the SOL, just file an objection that it is not an enforceable claim because it is beyond the statute of limitations.