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Verbal Contract ?

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shawn502

Guest
What is the name of your state? B.C.

Im sorry this actually occured in BC, Canada but I could find no mesage boards relating to Canadian law and I am mearly looking for a general awnser.

A friend of mine was recently (10 months ago) suckered in to lending an aquaintence $6000 for which she took out a loan in her name for him and his word was given that she would be repaid as soon as he sold a vehicle in his posession. Well it turns out the vehicle was being leased and he utimately went into bankruptcy and she was never repaid. She is still making the payments on the loan so the question is, does she have any chance of ever seeing that money legally? Im assuming that the agreement between the two of them carries some sort of value, but on the other hand. Im also assuming that since the agreement was made prior to his bankruptcy, she has little chance of getting the money back.
Any advise would be helpful, I feel really bad for her.
Thanks.
 


P

Plasdom

Guest
I believe that verbal contracts can be enforced in court. Problem lies in when the other party claims that there was no such "talk." If he does not then it will be binding. If he refutes it then it will be much tougher. She can argue her case reasonably and take all documents etc. Tough lesson though..
 

djohnson

Senior Member
You were correct in the beginning. The agreement was made prior to bankruptcy. Therefore it was likely discharged or will be discharged in bankruptcy. What chapter did he file? Was she notified as a creditor? Did she file a proof of claim? Although even with the best of circumstances she would see pennies on the dollar, she has nothing.
 

JETX

Senior Member
There is NO assurance that either of the two responses you got are legally accurate. Do NOT use them as legal advice.
The problem is as you yourself pointed out.... you are in CANADA and this site is for 'Questions about U.S. law ONLY'!!!

Not only do the US laws not apply as to breach of contract, there is a bankruptcy which is ENTIRELY different than US law.
 

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