Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-13-2007, 08:01 AM
Junior Member
 
Join Date: Nov 2006
Posts: 6

Bankruptcy filed after court decision


What is the name of your state? TX

I will do my best to explain this situation to the best of my knowledge...

My mother (in Arizona) made a considerable loan of money to her nephew (in Texas) in 1985 and documented (signed by both parties) the loan on her own with a fixed interest on the money. He was to use the money for a condo. development that never materialized. He ceased all contact with my mother and never made a payment on the loan. My mother retained an attorney in Texas and won a court decision (in 1991) against the nephew but he filed bankruptcy and no assets could be used to repay the loan.

My question is: can the debt ever be repaid and assets recovered to make these payments if the person has re-established his assets after the bankruptcy? He obviously will not voluntarily pay the debt off.

I am sorry if my question is ignorant but I am completely foreign to her rights after bankruptcy is filed and it may also be a question of time since so many years have passed.

There may also be other required information to answer my question and I can try to provide that if necessary.

Many thanks for your kind input...What is the name of your state?
  #2  
Old 02-13-2007, 10:42 AM
Senior Member
 
Join Date: Feb 2007
Posts: 8,246
If the debt is listed in the bankruptcy filing, she is almost surely out of luck. If it wasn't she might have some options, but the chances of her seeing money (especially from someone who hasn't got any) is slim.
  #3  
Old 02-13-2007, 03:06 PM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,040
Quote:
Originally Posted by Cioccaz View Post
What is the name of your state? TX

I will do my best to explain this situation to the best of my knowledge...

My mother (in Arizona) made a considerable loan of money to her nephew (in Texas) in 1985 and documented (signed by both parties) the loan on her own with a fixed interest on the money. He was to use the money for a condo. development that never materialized. He ceased all contact with my mother and never made a payment on the loan. My mother retained an attorney in Texas and won a court decision (in 1991) against the nephew but he filed bankruptcy and no assets could be used to repay the loan.

My question is: can the debt ever be repaid and assets recovered to make these payments if the person has re-established his assets after the bankruptcy? He obviously will not voluntarily pay the debt off.

I am sorry if my question is ignorant but I am completely foreign to her rights after bankruptcy is filed and it may also be a question of time since so many years have passed.

There may also be other required information to answer my question and I can try to provide that if necessary.

Many thanks for your kind input...What is the name of your state?
If that loan was included in the BK, and she makes ANY type of attempt to collect that debt, she will owe said relative even MORE money.
__________________
My new signature:
Originally Posted by arazi
Quote:
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  #4  
Old 02-14-2007, 07:41 AM
Junior Member
 
Join Date: Nov 2006
Posts: 6
Many thanks for taking the time to answer...
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:31 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.