Does filing Chapter 13 toll the statute of limitations on the debt? (TX)

[epikadvice]

What is the name of your state (only U.S. law)? Texas.

I filed for Chapter 13 but due to circumstances, the bankruptcy ended up being dismissed two years later. Bankruptcy filings started October 2013 and the bankruptcy was dismissed February 2015.

Is there tolling of statute of limitations in Texas (4 years for a contract)? If I got a loan May 2012, can the creditor still come after me since the bankruptcy was dismissed?

 

[despritfreya]

Apologies for the tardy response. I believe you need to look at the following bk code provision:

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11 USC 108 Extension of time -

(c) Except as provided in section 524 of this title, if applicable nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an agreement fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor, or against an individual with respect to which such individual is protected under section 1201 or 1301 of this title, and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of -

(1) the end of such period, including any suspension of such period occurring on or after the commencement of the case;

or

(2) 30 days after notice of the termination or expiration of the stay under section 362, 922, 1201, or 1301 of this title, as the case may be, with respect to such claim.

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Based upon the above, if a SOL ran during the course of your Chapter 13, upon dismissal, the creditor should have had an additional 30 days to do whatever nonbankruptcy law (typically state law) allowed.

Des