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What is the statute of limitations to file a motion to reinstate stay for bankruptcy in Ohio?
Wiki User
∙ 8y ago
For most cases of fraud it is 4 years from the time that the crime is discovered.
In some instances, (parallel entity fraud, concealment of assets, etc.) the fraud might be considered a continuing offense, and thus there may be no statute of limitations (especially in cases of corporate bankruptcy).
The federal statute of limitations in most cases of bankruptcy fraud is 5 years from either the discharge or denial of the bankruptcy proceedings.
Wiki User
∙ 13y ago
Wiki User
∙ 8y agonone
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After five years can a creditor still take you to court?
What you are asking about is a statute of limitations. If a creditor files suit after the statute of limitations has ended, you can file a motion to dismissed based on the expired statute of limitations. The length of the statute of limitations depends on the state and the type of claim they'd be filing against you.
When we file the Motion to reinstate does this stop foreclosure process?
Once this motion is recorded it should stop the foreclosure process. Actually, once the bankruptcy is filed, the foreclosure process should already be stopped.
What is a legal term motion to toll?
Motion to toll deals with the statute of limitations. It may be brought if the location of the other party is unknown, or can't be determined from the facts at hand.
If your lawyer fails to file a motion to avoid a property lien during the bankruptcy hearing can this be fixed?
Yes. You or your attorney will need to file a motion to reopen the bankruptcy. Once the bankruptcy has been reopened, you can file your motion to avoid the lien.
How do you reinstate a bail?
This depends on how the bail was handled. If a Bondsperson decided to revoke (surrender) your bail, you can bail out via another Bondsperson. If a Judge denied bail only he or another Judge can reinstate it. You need to file a motion for change of bond conditions or motion for bond reduction.
Can new debt be collected after bankruptcy?
Yes, the debts protected under a bankruptcy proceeding are enumerated when bankruptcy is filed. Any debts accrued by the bankrupt party in the future are not protected by a previously filed bankruptcy.
Is there a statute of limitations for a restraining order in New Jersey if it was never violated?
Once the court has issued the order, it is not YOUR option as to when, or when not, to enforce it. It is in effect at ALL times after it is issued. You have the option of withdrawing it, but you must return to court and officially make a motion to do so.
Where can I find a sample form for a Motion to reopen a chapter 13 bankruptcy plan in Pennsylvania?
on a motion to reconsider what information is needed in the motion area
Does filing bankruptcy delay motion to modify custody cases?
Probably not.
What is the statute of limitations for a warrant for possession of controlled substance in Arizona?
If there has been a conviction, there is no statute of limitations involved. The purpose of a statute of limitations is to prevent someone being tried for something that happened long in the past, when the memories of witnesses have been fogged by time, or influenced by others. Some states don't have a statute of limitations for felonies. Once you have been convicted of a felony, it will stay on your record for life, it doesn't go away.
What happens if three people inherited property and one of three files bankruptcy?
The bankrupt's property interests can become part of the bankruptcy estate and ultimately disposed of by the court. On motion, indivisible interests might be excluded by the Bankruptcy Court and alternatively may be subject to satisfaction of value to creditors out of financial assets to protect the interests of the other owners. Sometimes some assets are simply absolutely excluded from the bankruptcy estate by statute in Title 11, or a rule promulgated thereunder, or in a common-law precedent.
How do you write a motion to dismiss an old IRS tax debt and include it on my bankruptcy?
If there is a judgment in a court for the IRS debt, you do not need to file a motion to include it in your bankruptcy. If the tax due was determined more than 3 years before the filing date, you include it in your Schedule F. If you have already filed your bankruptcy documents, you need to file a motion to amend Schedule F with the bankruptcy court. If the case has been closed, you will need to reopen the case, paying the filing fee, and then your motion to add the debt.
