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-   -   Business loaned money to individual he filed bankrucy (https://www.askmehelpdesk.com/showthread.php?t=51048)

  • Dec 29, 2006, 09:39 AM
    jackrabbit
    Business loaned money to individual he filed bankrucy
    Company loaned money to one individual he filed bankruptcy after stating we would not be included in bankrucy filing can any funds be awarded never notified by the court of the suit.
  • Dec 29, 2006, 10:09 AM
    Fr_Chuck
    If and when a person files bankruptcy ( in the US) he lists all his creditors, normally he can not pick and choose who he lists, he is required to list everyone. If he does not any other lender in that same classification can ask to have the bankruptcy over turned.

    Next the person is not respnsible for the notification, he gives the list in his filing to the court and the court notifies the people on the list.
    So if you are on the list, then the court would have notified you, or attempted to.

    If you don't believe you were listed, you can view the court records or the person can supply you the list of creditors included in the discharge.

    If you were listed, and if he got a discharge, then you were included in the bankruptcy and can not collect form him.

    His vebal commitment not to include you has not legal value, since it was not a contract with has any legal standard
  • Dec 29, 2006, 12:42 PM
    jackrabbit
    in the bankruptcy creditors list, only by companys name is listed as holding a promissory for 30,000.00 not the second note for $35,000.00 also on the Creditor Matrix list sent out by the court my company name was not on it nor on the Certificate of Service some 17 days after being told I would not be part of any legal action and to place a hold on my law suite amended certificat of service was filed 17 days later but no notice was ever sent to me or my company. The man that filed for bankruptcy did not list the business he held nor other property he had in his name. Join prooperty owned by his wife before they were married had been quick claimed to him days before the filing

    company loan listed but not on the Matrix listing personal loan not listed at all
  • Dec 29, 2006, 12:50 PM
    mr.yet
    You will have to file proof of claim with the bankruptcy court, so list both of them and the court will have to sort it out.

    Just a thought.

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