Legal Question in Credit and Debt Law in Florida

Over the course of the last five months I loaned "my boyfriend" almost $10,000.00. He relocated to Massachusettes taking a much better job. He said numerous times he would repay me once he got a few paychecks. Now he claims he only has $100.00 left after he pays his bills. He is also trying to declare bankruptcy, if he does and I am pursuing legal/court action against him, is it possible he could list this as a bad debt. And no...he's no longer my boyfriend. Any advice will be most appreciated.

Asked on 11/04/11, 10:54 am

Stephen Orchard Law Offices of Stephen Orchard

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You have two major problems.

1. This could be construed as a gift and not a loan assuming that you have no written documentation; and

2. Whether it is a gift or a loan, a bankruptcy would discharge the debt to you meaning he would not have to pay.

Can't sugar coat it, you are in a bad spot with this one.

Answered on 11/04/11, 11:12 am

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