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Oh brother!

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DHMC

Guest
What is the name of your state? Colorado
I have a brother who has in the past backed out from a verbal agreement to repay credit card cash advance made for him. He then borrowed $900 for an 'emergency', to which he filed a chapter 13 on and only made 2 small payments toward. He was also entrusted with the account of a rental property, to which he was to make deposits into and with my being notified, make withdrawals for repairs etc. I now have discovered that he has been using the rent money collected for his personal use and not going into the rental property account. Is there anyway I can take equity from his home, despite the 13 to at least get the most recent amount he took back from him? If not, do I have any other options?
Thank You
 


racer72

Senior Member
Where is your brother's bankruptcy trustee in all this? If your brother is paying into his chapter 13, your share will be paid to you by the trustee, not your brother. If your brother is not following his chapter 13 provisions, the BK will be dropped and he can be sued. Talk to his trustee then if necessary, a lawyer.
 
D

DHMC

Guest
Thank you for response racer. The only thing I know of the trustee is the city they are located in. Where would I find the info in regard to the trustee without asking directly?
 

racer72

Senior Member
If your brother filed a chapter 13 bankruptcy and you were named as a creditor, you would have recieved notification of the bankruptcy from the court. This information would contain the trustee's name and other information. Then later you would have been notified of your brother's payment plan and how you would recieve payment. If you recieved neither, your brother did not file bankruptcy or did not include you. He is then fair game to be sued.
 

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