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  #1  
Old 04-26-2002, 06:47 PM
appii
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unrepaid loan between freinds


i reside in georgia and almost a year ago over the course of three months my ex in laws borrowed over five thousand dollars some in check form some as charges to my credit card. i am a single parent and it was all my savings. they were doing remodeling on their home and needed certain work completed to close the loan. i was to be repaid last august when the loan closed and have received only 500.00 and many excuses and promises. if they file banckruptcy, which i think they will do i just lose out, what is my best course of action?
  #2  
Old 04-26-2002, 07:44 PM
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Join Date: May 2001
Posts: 6,453
If they file bk and include you in the filing, you're done. Your best hope is that they file and forget to include you and after the bk is discharged, you can then sue them for the balance.
  #3  
Old 04-26-2002, 08:36 PM
appii
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thanks! can i go to the local courthouse to find out if they already have done the bk? i have not received any notification that they have, or that i was a part of this filing if they did. you also say after it is discharged, does that mean that if they have already declared bk that i can do nothing for 7 years? if i file in small claims court and win a judgement before they file bk can they have the judgement discharged in their bk if they file it after my case? am i rambling? sorry!

Last edited by appii; 04-26-2002 at 08:42 PM.
  #4  
Old 04-26-2002, 09:18 PM
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NO,NO! Don't sue prior to their filing. If you do, they'll be sure to include you in the bk. Just wait 6 months or so after they have been discharged {bk granted} before you pursue your claim. You don't have to wait 7 years. Just give 'em time to build up a little money. A bk is a public record but, you have to look at the local Federal Courthouse.
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