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    lynn_1900's Avatar
    lynn_1900 Posts: 1, Reputation: 1
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    #1

    May 5, 2009, 02:46 PM
    Is there a statue of limitation
    Can a person who declared bankruptcy after their seperation/divorce, then sue the Ex for marital debt? And or is there a statue of limitations?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    May 6, 2009, 07:41 AM

    The ex can be sued if that particular debt was not included in the bankruptcy. SOL varies from state to state; which one are you in?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    May 6, 2009, 08:14 AM

    Hello l:

    It's really better to explain your situation in detail if you want a GOOD answer. If you only ask yes or no questions the answers you get aren't going to help at all.

    Take some time. Help US help YOU.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 7, 2009, 04:50 PM

    If the debt was included in the bankruptcy AND DISCHARGED it's over - you can't sue any other person for his/her share because you would profit from the bankruptcy action.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    May 10, 2009, 07:11 PM
    Quote Originally Posted by lynn_1900 View Post
    Can a person who declared bankruptcy after their seperation/divorce, then sue the Ex for marital debt? and or is there a statue of limitations?
    I'm wondering how this debt was treated in the original divorce.

    My thought is that the debt, if not considered in the divorce action, is waived.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    May 11, 2009, 06:53 AM
    Quote Originally Posted by AK lawyer View Post
    I'm wondering how this debt was treated in the original divorce.

    My thought is that the debt, if not considered in the divorce action, is waived.


    If the debt is not mentioned in the divorce I see fraud and reason to contest the Judgment of Divorce.
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