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    lisakaylou's Avatar
    lisakaylou Posts: 2, Reputation: 1
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    #1

    Sep 23, 2010, 02:22 PM
    What will happen if I owe an ex-friend money from three years ago it was verbally
    What could happen to me if an ex-friend borrowed me money , it was verbally , about three years ago and wants it back now I have no possible way to pay him because I am involved in chapter 13 for another year remember it was verbal and this is the first time he has said a word about this can he take m to court
    lisakaylou's Avatar
    lisakaylou Posts: 2, Reputation: 1
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    #2

    Sep 23, 2010, 02:28 PM
    [what could happen to me if an ex-friend borrowed me money , it was verbally , about three years ago and wants it back now I have no possible way to pay him because I am involved in chapter 13 for another year remember it was verbal and this is the first time he has said a word about this can he take m to court
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 23, 2010, 02:44 PM

    Assuming
    • you didn't list the debt in your bankruptcy petition as you should have,
    • you don't amend the bankruptcy petition to include the debt, and
    • the statute of limitations is more than 3 years in your state,
    yes he can take you to court.
    dano808080's Avatar
    dano808080 Posts: 14, Reputation: 1
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    #4

    Sep 23, 2010, 04:33 PM
    No, if there's no written document or proof, he can't take you to court. Additionally, the bankruptcy should shield you as your friend lost his chance when the claim wasn't filed then.

    Morally, you may have an obligation, but not legally.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Sep 23, 2010, 05:25 PM
    Quote Originally Posted by dano808080 View Post
    No, if there's no written document or proof, he can't take you to court.
    It's not that simple. The opening post in this thread, for example, is an admission ("an ex-friend borrowed me money , it was verbally , about three years ago "). Admissions like that constitute proof. So would the creditor's testimony.

    Quote Originally Posted by dano808080 View Post
    Additionally, the bankruptcy should shield you as your friend lost his chance when the claim wasn't filed then.
    He probably didn't file a claim because he wasn't listed as a creditor, I'm guessing. And if he wasn't listed, the claim isn't discharged.
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    mogrann Posts: 860, Reputation: 193
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    #6

    Sep 23, 2010, 05:49 PM

    I just wanted to chime in with one comment. Even if this person did not take you to court, wouldn't you still want to fulfill your obligations. This friend helped you out when you needed help.
    I know your comment was about the legal aspect but please remember there is still a ethical aspect.

    Susan
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