Legal Question in Bankruptcy in Georgia

Can I get my Money Back

What is the procedure for listing a creditor of a personal Loan. There is a signed contract between the two parties, stating that the loan is indeed valid, and is supposed to be paid back.

Asked on 6/07/02, 6:18 pm

1 Answer from Attorneys

Deric Beaudoin Mabry & McClelland, LLP

Re: Can I get my Money Back

from the title of your question I would assume that you are the creditor (the person whom the money is owed). Therefore, depending on the nature of the bankruptcy filing, you may or may not need to be repaid. In a chapter 7 bankruptcy, loans such as yours (personal contractual loan) are generally considered unsecured (unless of course the loan is actually secured by some property) and therefore may be "written off" or "discharged" upon confirmation of the debtor's petition. If the loan is secured by property, it must be paid for or returned (the property). In a chapter 13 you as the creditor are entitled to receive a portion of the outstanding balance as with other similarly situated creditors if the debtor's plan has a dividend payable to unsecured creditors - some plans do and some plans don't, it all depends on how the petition was prepared and what the trustee requires after reviewing the debtor's petition and financial situation. From the facts given in your question, the loan in question should be listed as a general unsecured creditor and will be either discharged or paid for through a dividend at the applicable share. any questions please call me (478) 757-8111. good luck.

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Answered on 6/09/02, 10:39 am

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