Yes, a gift received after the filing of the bankruptcy does not become part of the bankruptcy estate. An inheritance within 180 days of the filing would, but not a gift as long as it's after the case was filed.
Well many of the other answers would be correct in some states but not in Oregon. Here we have an odd statute of limitations which is only what is called an "affirmative defense." It must be raised in the first appearance or Answer or it is lost. Thus it does not prohibit a collection suit after 6 years but provides a defense if done soon enough and correctly.
The other fact you mention though is important: If the debt is not yours, you should say so in writing and keep a copy of the letter....
I agree with the other responses but would add that the 6-year statute of limitations defense in Oregon is one that must be raised in the first response (Answer or Motion filed with the court). If not, it is waived and cannot be used. So yes, get the mail and consult with a local attorney who handles collection defense and bankruptcy.
There is a ten-year limitation on collection by the IRS, but no such limit in regard to the Oregon Department of Revenue (ODR). The ODR cannot take your home for unpaid tax debts if you have less than $40,000 in equity. They can garnish wages and bank accounts. You should discuss your overall situation with a tax and bankruptcy attorney to see what your risks and options are.
It is unlikely that you listed the insurance company in your bankruptcy since you were not aware of any debt to them at that time. However it probably does not matter if your case was a "no-asset case," as most chapter 7 cases are. The reason is even if they had gotten notice they would not have gotten any distribution. Just send them a copy of your discharge order from the bankruptcy court, and they should drop the matter. (If they continue after that, they're in violation of the discharge.)
Internal Revenue Code Section 108 generally treats cancelled debt as taxable income; however, it also lays out certain exceptions, including a discharge of debts in bankruptcy and others. Be aware that even though debts cancelled in bankruptcy are not taxed as income, they can reduce what are called "tax attributes," such as loss carry-forwards and basis in property, though these do not affect most of my clients. IRS Form 982 is the form to use, or have your accountant use, if you receive a...
It appears I'm the only Oregon tax attorney to answer so far. If you haven't actually filed your own tax returns yet, you may be able to reduce the tax owed. When the government filed a substitute for return (SFR), it is almost always higher. Overpayments paid within the last two years would then be refunded. Otherwise if, as mentioned above, you can show good cause why you didn't file, you may get some or all the penalties abated.
Since your husband is not on the loan, a foreclosure or even lates would not affect his credit. If the investment property is sold in a short sale or foreclosure and debt is written off, you may get a 1099 for cancellation of debt, which can be taxable as ordinary income. See a tax lawyer or CPA as to how this may apply to your specific tax situation. Good luck.
Mr Abbott and Mr Minor are correct: You need to act soon since there is normally only two weeks to respond to a small claims case, as contrasted with 30 days in a regular state court case. There are risks, and I agree that it is prudent and worth your time and effort to meet with a local consumer law attorney for guidance.
I take it that by "in a non collectible account" you are referring to the IRS placing you in Currently Non-Collectible Status, or "CNCS." What this means is while you are so designated, they will not initiate collection from wages, bank accounts, etc. BUT they're not going to send a refund to you either. You should still file though or it could lead to bigger troubles.