Legal Question in Bankruptcy in Florida

personal loans

If I loaned someone money as a personal loan, can it be listed in their bankruptcy petition? If so, what are my chances of keeping it from being discharged?


Asked on 9/25/00, 12:15 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: personal loans

Unfortunately, the answer is yes. The personal loan will be treated as an unsecured debt and will generally be discharged in bankruptcy. The chances are slim that you will be able to avoid the discharge if it has been properly listed on the schedule as an unsecured debt. You are entitled to attend the Section 341 Meeting of Creditors and voice your comments to the Trustee appointed to handle this case.

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Answered on 10/23/00, 11:12 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: personal loans

Unfortunately, the answer is yes. The personal loan will be treated as an unsecured debt and will generally be discharged in bankruptcy. The chances are slim that you will be able to avoid the discharge if it has been properly listed on the schedule as an unsecured debt. You are entitled to attend the Section 341 Meeting of Creditors and voice your comments to the Trustee appointed to handle this case. Like any legal matter, you should consult with a qualified attorney on this issue.

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Answered on 10/23/00, 11:13 pm


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