As with so many things in the law the simple answer is usually the wrong one. First off, you have no case against the creditor based on the bankruptcy discharge until you have given them legal notice of the bankruptcy and discharge. Second, the basic rule is that debts not scheduled in the bankruptcy filings and that the creditor did not have notice of in time to file a proof of claim are not discharged. However, IF the case was a no-asset case in which NO payments were made to creditors, OR there was payments to creditors BUT this creditor was not of a class of creditors who would have received anything, AND the creditor was unsecured then most Circuits have declared a "no harm no foul" rule and have held the debt discharged anyway. So without reviewing all the details of the situation there is no way to say that the debt was discharged or not. As for the statute of limitations, the previous answers are correct, that it depends on when the last transactions on the account were. The creditor has four years from the breach of the contract, or four years from the last activity on a written account to file suit.

As with so many things in the law the simple answer is usually the wrong one. First off, you have no case against the creditor based on the bankruptcy discharge until you have given them legal notice of the bankruptcy and discharge. Second, the basic rule is that debts not scheduled in the bankruptcy filings and that the creditor did not have notice of in time to file a proof of claim are not discharged. However, IF the case was a no-asset case in which NO payments were made to creditors, OR there was payments to creditors BUT this creditor was not of a class of creditors who would have received anything, AND the creditor was unsecured then most Circuits have declared a "no harm no foul" rule and have held the debt discharged anyway. So without reviewing all the details of the situation there is no way to say that the debt was discharged or not. As for the statute of limitations, the previous answers are correct, that it depends on when the last transactions on the account were. The creditor has four years from the breach of the contract, or four years from the last activity on a written account to file suit.

As with so many things in the law the simple answer is usually the wrong one. First off, you have no case against the creditor based on the bankruptcy discharge until you have given them legal notice of the bankruptcy and discharge. Second, the basic rule is that debts not scheduled in the bankruptcy filings and that the creditor did not have notice of in time to file a proof of claim are not discharged. However, IF the case was a no-asset case in which NO payments were made to creditors, OR there was payments to creditors BUT this creditor was not of a class of creditors who would have received anything, AND the creditor was unsecured then most Circuits have declared a "no harm no foul" rule and have held the debt discharged anyway. So without reviewing all the details of the situation there is no way to say that the debt was discharged or not. As for the statute of limitations, the previous answers are correct, that it depends on when the last transactions on the account were. The creditor has four years from the breach of the contract, or four years from the last activity on a written account to file suit.