After sending my x a demand letter for money owed, he signed an agreement to repay within 60 days from the agreement. The agreement included a statement that under penalty of perjury he swore that he would have access to enough funds to satisfy the debt. Within 30 days after signing the agreement he filed for chapter 7. Would this be likely considered intent to be fraudulent and non dischargeable?
1 Answer from Attorneys
For a debt to survive discharge based on fraud, the fraud had to have existed at the time the money was lent. Since the conduct you are describing was long after that, I think you do not have a good case. But feel free to call or e-mail to discuss it.
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