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debt discharged?

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Rita S

Junior Member
What is the name of your state? ga
A 'friend' signed a contract and promissory note on a piece of property in 1996, paid regularly until 2004 and quit paying altogether without explanation. I couldn't find him for a long time (no address/phone) and when I did I filed civil suit to collect the debt. Apparently he filed chap. 7 in 2004 but did not list me in the bankruptcy - I was never notified of the bankruptcy by the court or my 'friend'. I'm sure curious if I can collect this debt since he never listed it and it was never really discharged specifically. Any ideas?
 


fjcook

Junior Member
I believe you have the right to file against him, but be warned there have been cases where a debt not included in a bankruptcy, has been discharched later, because some judges have ruled that when a bankruptcy is discharged, it encompasses all debt known and unknown. If you have a contract and he did not adhere to the provisions, can you not reposses the property?
 

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