SOL after Bankruptcy

[ksjane]

What is the name of your state?What is the name of your state?What is the name of your state? KS

I have already asked this question, and got pretty much the same response from everyone...SIL is screwed
---recap---
she filed BK and didn't turn over taxes...trustee revoked her BK...
now---a question that didn't get answered and a new question----
Can she file BK again...ever?
And where does this put the SOL on her past accounts???? Are they expired???? Did they start over once BK was revoked????
I'd appreciate any help on this matter....we have concluded that she is screwed....we just need to know HOW screwed???? Thanks again..... KS

 

[Ladynred]

Unless the BK court sanctions her thereby forbidding her from ever filing again, then Yes, she can file BK again. In a case like this though, I'm not sure if the 6 year limit applies between Ch 7 filings or not. She could file CH 13 tomorrow if she really has to.

If the debts were already beyond SOL when she filed, they are STILL beyond the SOL, BK would not restart it. If they were NOT expired, then the SOL would likely have been tolled (halted) by the bankruptcy, and likely restarted once her discharge is revoked.

Whatever possessed her to defy the Trustee ?? Of all the people that have posted here since I've been here (3 years), this is the first revocation I've seen.

 

[ksjane]

Thanks for the info. It is much appreciated. I truly believe that she did not intend on defying the trustee. But the reason she filed BK is because of financial hardship--she is a single mother of 2. About a week before she received her tax return she found out that her youngest (4yr old) has diabetes. She does not have insurance. I think the last thing on her mind at that point was the trustee, ya know. Anyways, thanks again for your help. I will look into the Ch 13 for her.