2006-08-07 17:01:46 · 5 answers · asked by mary v 1 in Politics & Government ➔ Law & Ethics
My ex signed a contract to pay me back money i lent him, then when he didn't i tried to sue him, in the mean time he borrowed from someone else during the process then eventually filed bankruptcy
2006-08-07 17:03:22 · update #1
It can be fraud, but you basically have to proof that your ex didn't have the intent to repay the money at the time he borrowed it. If he files bankruptcy, you have a very short time window to file an adversary proceeding object to the discharged based on fraud. If you fail to file a timely adversary proceeding, the debt will be discharged.
2006-08-10 19:41:39 · answer #1 · answered by Carl 7 · 0⤊ 0⤋
The answer to your question is "no", it's not considered fraud. Your remedy is to sue him for the money. I know it's not a very satisfactory answer, and I am very sorry you are out the money which you lent to him in good faith. I am pretty certain that his declaring bankruptcy has no bearing on personal loans BUT CHECK: read the applicable statute/legislation!
2006-08-07 17:10:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It could be fraud if it can be proved that the money was borrowed with the intent of going on with the rest of the plan.
2006-08-07 17:23:08 · answer #3 · answered by Elwood 4 · 0⤊ 0⤋
There are different laws applicable to different states. Sometimes, if it can be proven that a loan was deliberately taken when the debtor knew he was insolvent can lead -- in some jurisdictions -- to various consequences, such as not dissolving that debt or delaying the person's discharge.
2006-08-07 17:20:19 · answer #4 · answered by Angela B 4 · 0⤊ 0⤋
No it's not fraud...Don't lend money you can't afford to lose...even to loved ones. Fraud is basically lying and unlawful impersonation. No, this is borrowing well having no means to pay it back.
2006-08-08 16:36:41 · answer #5 · answered by Joshua Pettigrew 2 · 0⤊ 0⤋