A lot of questions there. The basics. If you get married your husband isn't responsible for the debt. Assets in your name may be liable to pay your debts. So, you don't want to put your name on assets unless you have some type of exemption for that asset or the value of it. Same holds true generally for inherited assets. If a creditor sues on an old debt and it legally served you and you did not respond, the creditor could obtain a judgment on an otherwise unenforceable debt. Statute of limitations is an affirmative defense that needs to be raised.
By responding to your question I do not intend to create, nor does it create an ongoing duty to respond to questions or an attorney-client relationship. My response is intended to be only my educated opinion and it should not be relied upon as legal advice. My response is based upon the facts provided and to the extent additional or different facts exist, my response might be different. I am an attorney is licensed to practice law only in Florida. To the extent that I am responding to a question posed by an individual in a different state, my response is being given to generally respond and the questioner is ALWAYS advised to consult a local attorney for a more specific and definitive answer to the question posed.
You have too many questions woven into the primary question of whether an execution is voided by bankruptcy? If you were to file bankruptcy, that would discharge the debt. However, based upon the other information you presented, filing bankruptcy to discharge only that debt seems to be "overkill", and not necessary. Putting your name on accounts with your mother will only lead to trouble as one-half of the account will be presumed to be yours and subject to the claims of your creditors. The same applies to account(s) with your boyfriend so long as you are not married to him. If you do marry, out of an abundance of caution, suggest you close the present account and reopen one in joint names as tenants by the entireties. My suggestion is you consult with a consumer attorney to answer your question and protect your rights.
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Mr. Geisenberger is a Pennsylvania-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Jacques H. Geisenberger, Jr., P.C.,does not constitute legal representation, nor is any information you provide protected by attorney-client privilege.
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