Legal Question in Bankruptcy in California

bankruptcy

I lent someone money. They agreed they owe. They have filed bankruptcy and listed me as a creditor so they will not have to pay me back. How can I collect the money owed to me.


Asked on 3/19/07, 11:07 pm

1 Answer from Attorneys

Amy Kleinpeter Clark Kleinpeter Law

Re: bankruptcy

You probably cannot collect this money. Some debts are not discharged in bankruptcy, but a simple loan of money usually is discharged. In other words, it is collectible. Furthermore, if you do try to collect it, you could be sanctioned by the court.

If you believe the debtor is somehow performing a fraud by filing this bankruptcy, you can object to the discharge of your bankruptcy. This is a pretty specific type of action and you would probably need an attorney to do it. From the facts you have presented, you will not able to collect this money.

-- Amy Kleinpeter

http://www.amykleinpeter.com

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Answered on 3/20/07, 12:13 am


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