How long after a loan is made can a creditor sue for repayment if the loan was not listed in an already discharged bankruptcy?

UPDATED: Jun 18, 2013

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How long after a loan is made can a creditor sue for repayment if the loan was not listed in an already discharged bankruptcy?

About 9 years ago, my now ex-husband signed a contract with my mother,stating that he was borrowing $55,000 which was to be paid back by the end of this month. While married, we filed a Chapter 7 bankruptcy in federal court (5 years ago). This particular debt was not listed. Can my mother sue him now for this debt? To add salt to the wound, when approached by my 80 year-old mother for repayment, my ex-husband laughed at her and said that she was not going to get a penny from him as he was just going to include the $55,000 in the bankruptcy that ww filed. What are the chances of him being able to do this successfully? Realistically, should mom try to sue him?

Asked on June 18, 2013 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the due date for the loan is payment by the end of July 2013 and the debt was not listed in your "ex's" bankruptcy bankruptcy schedule, then under the laws of all states in this country your mother is not barred by the statute of limitations from bringing suit on the obligation. I suggest that she immediately consult with an attorney to see what her legal recourse is.

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