Legal Question in Bankruptcy in California

how do I prove fraud on a friend that I loaned money to? she paid me back once and that's it. she is now filing chapter 7 - can I sue her for fraud and how? What would be my basis? I have a note when I gave her the loan that she signed. Is is fraud that she said she would pay me back when she got a bonus? or when she sold her house? that is not in writing though. What would I need to accuse her of fraud? This loan was in 2004.

Asked on 9/05/09, 1:06 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan
0 users found helpful
0 attorneys agreed

Fraud has to be proved indirectly through all the facts and circumstances surrounding the financial transaction since she was never foolish enough to say "I do not intend to pay this loan back from the beginning." This is something that has to be deduced and left to the fact-finder (judge or jury) to decide. You need to hire a lawyer to bring an objection to the discharge of your debt in the bankruptcy proceedings. That's the only forum where you can do so.

Read more
Answered on 9/09/09, 12:42 pm

Related Questions & Answers

More Bankruptcy Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Bankruptcy Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now