Does a Bankruptcy Tally the Statute of Limitations on Debts that Survive the Bankruptcy? Reboot Your life: Tampa Student Loans and Bankruptcy Lawyer Blog — October 28, 2020
What about debt that survives a bankruptcy, such as many (but not all) student loans? The co-borrower is supposed to be protected from any collection action, including phone calls, even if they did not file their own bankruptcy. That means any collection action, including phone calls, are supposed to cease immediately for the co-borrower even though he or she did not file their own bankruptcy.
Second, a Chapter 13 bankruptcy plan payments appear to toll the statute of limitations whether or not the trustee makes the payments once a creditor files its proof of claim that survives any debtor objections.
Florida’s tolling statute does not require payments to be voluntary:
95.051 When limitations tolled.-
(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:
…
(f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument.
Contrast with (1) (e):
(e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.
(Emphasis added)
This means that a Chapter 13 can act to stop collections on non-discharged debt, but eventually that debt will become due unless dealt with during the bankruptcy in some fashion.
