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    urbancammo's Avatar
    urbancammo Posts: 1, Reputation: 1
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    #1

    Jan 31, 2006, 03:01 PM
    Bankruptcy advice
    I recently filed for bankruptcy and received a full discharge of my debts. One of the debts I listed was a personal loan from an acquaintance. I promised her that I would pay her back despite the bankruptcy and that I only wanted to list what I owed her to help ensure my discharge. She and I are now in complete disagreement over the terms of repayment. Can she take legal action against me and, if so, what problems might this present?
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #2

    Jan 31, 2006, 04:10 PM
    Other than you promising her that you will pay her back, is there any proof of it?

    If you said none, you could just pretend that you never promised her.

    If there is proof, then you will have to work something out, pay her.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 31, 2006, 06:55 PM
    Quote Originally Posted by urbancammo
    I recently filed for bankruptcy and recieved a full discharge of my debts. One of the debts I listed was a personal loan from an acquaintence. I promised her that I would pay her back despite the bankruptcy and that I only wanted to list what I owed her to help ensure my discharge. She and I are now in complete disagreement over the terms of repayment. Can she take legal action against me and, if so, what problems might this present?
    First don't pay her back, don't put anything in writing at all saying you are going to pay her back.

    If another unsecured lender finds out you are making payment arrangements with another unsecured lender, they can still go back and try to have the bankruptcy over turned because you are treating one lender within the same class different. If you were going to pay her off, you should have before the bankruptcy,

    You do not owe her anything, per the bankruptcy, she should have been happy with any terms, since it is better than no terms. But don't do this, and do not put anything like this in writing.
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #4

    Jan 31, 2006, 09:56 PM
    I concur with chuck. Once you receive a discharge pursuant to chapter 7, you don't owe her a dime. Of course, a debtor can elect to pay back anyone they want at anytime(an arrangement that frequently takes place when someone wants to keep ONE credit card after a bankruptcy). You are under no obligation to repay her(other than moral obligation), and you should not put anything in writing.
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