Legal Question in Bankruptcy in Tennessee

I was added as a creditor to another's bankruptcy. What dod I do?

Hello,

I have a little different of a question then you probably get here. My ex-fiancee is filing for Chapter 7. When we split up it was agreed that he owed me a large sum of money (that in turn is owed to credit cards in my name). There were papers signed and a witness. He made payments to me untill our falling out a little over a year ago. I then filed a small claims suit in February. He did not know. He filed for Chapter 7 in April. He was served papers in my suit in June. Last Monday I received a letter from his law firm that I had been added as a creditor in his bankruptcy. Is there anything I can do? I am a student (read: not wealthy) and can not afford this extra credit card debt, which is his. Any help would be appreciated. Thanks

Asked on 8/27/03, 8:27 pm

1 Answer from Attorneys

Lawrence Maun Lawrence J. Maun, P.C.
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Re: I was added as a creditor to another's bankruptcy. What dod I do?

Unfortunatly you are stuck. He will be discharged from his oblgation to you but you will remain liable on the credit card debt. There are exceptons to discharge, fraud among them, but the burden is on you to prove his debt is not dischargeable as to you, and based upon your facts it seems the debt would be discharged. Larry Maun 713.266.2560

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Answered on 8/28/03, 10:05 am

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