This woman borrowed $1000.00 in Jan 2007, I have a promissory note from her to repay the loan in 30 days. She did not, I sued her in small claims 5 months later as she would not pay me a dime toward the loan. I won the judgment and then she still would not pay, I had her wages garnished and she filed bky. so she does not have to pay me back. How can I fight her other than to state she never intended to pay me back, and she has never tried to repay me anything. I told her she could make payments of $20.00 a wk and she still refuses to pay. Please help me fight this ungreatful person. Thank you MJ
2007-10-30 16:55:51 · 8 answers · asked by MJ 2 in Business & Finance ➔ Personal Finance
You're pretty much stuck. You would have to successfully object to discharge, that is the only way you can stop it, and it doesn't sound like you have a case. And even if you did, it would probably cost more for you to hire and attorney and start proceedings than the debt is. She has the right to file bankruptcy. So unless you had a lien on real estate she owned and she makes no attempts to avoid the lien (which would be the only way the lien would go away), you need to just accept that you aren't getting paid.
The Professor said you can take her back if you weren't listed on the bankruptcy but that isn't true. In a chapter 7 the debt is discharged whether you are listed or not, and you have ACTUAL knowledge so that negates any argument that you didn't know.
You can contact an attorney to see what your chances are, but don't let anyone on here let you think you can take her back to court, you CAN'T. It violates te discharge. You also don't get to go after assets. If you know any were transferred within the past 5 years, you tell the trustee so the trustee can recover them. If there are any assets, the court sends out a notice to file a claim and you file a claim and get your pro rata share of the assets (which could be as low as a few bucks).
If it is a chapter 13 you file a claim before the deadline and get maybe $100.
2007-11-01 16:14:50 · answer #1 · answered by Lesley 5 · 0⤊ 0⤋
1
2016-09-27 22:49:44 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If she has filed bankruptcy and listed you as a debt then you are out of luck. If she didn't list you as a debt then you can take her back to court.
Assuming she did list you then you should have been there if she filed chapter 7 then you should have went after some of the assets she listed. If she filed chapter 13 to reorganize her debts then you should be getting payment set up on the schedule the judge approved.
2007-10-30 17:06:23 · answer #3 · answered by hogie0101 4 · 0⤊ 1⤋
Remember the immortal words of William Shakespeare...
Neither a borrower nor a lender be;
For loan oft loses both itself and friend...
A valuable lesson for you. Let the banks loan people money. Hang onto yours. If she listed your loan as a debt on the bankruptcy and had her debts discharged, you are out of luck. Check the bankruptcy filing to find out. If she didn't list your loan, you could take her back to court. But it sounds like you won't be getting any money any time soon if she is bankrupt.
2007-10-30 19:11:42 · answer #4 · answered by The Professor 5 · 0⤊ 1⤋
If you did not attend the creditors meeting during her bankruptcy you may still have some recourse if she filed her bankruptcy within six months of her establishing the debt with you.
Under Federal Bankruptcy Laws debts that are incurred within six months of the Bankruptcy are usually not dis-chargeable!
Good Luck.
2007-10-31 02:08:12 · answer #5 · answered by redheadedstepchild 4 · 0⤊ 0⤋
Is the amount of time you're spending to recover the money from somebody who clearly has no intention of paying you back worth more than the money you loaned to begin with?
2007-10-30 17:03:56 · answer #6 · answered by nobody important 5 · 1⤊ 0⤋
Take her to Judge Judy!
2007-10-30 17:15:13 · answer #7 · answered by the dude 2 · 0⤊ 1⤋
You can show up at her bankruptcy hearings and contest it.
2007-10-30 17:21:22 · answer #8 · answered by Ranto 7 · 2⤊ 1⤋