Collecting money from a bankrupt friend???

[sarah777]

What is the name of your state? NY

I used to live in MO and lent $3000 to a friend while living in MO. This was in 99'. Needless to say I was never repaid. She moved to IL and I ended up moving to NY for work. She filed for a chapter 7 bankruptcy in 02' and it was discharged, she included the money that she owed me in the bankruptcy. Believe it or not we remained friends thru the whole ordeal. Even after her bankruptcy was discharged she would send me emails claiming that she was going to pay me back because we are friends, blah, blah. I have seen about $400 over the last couple of years but nothing else. Do I have a case if I wanted to sue her even though the money she owed me was included in the bankruptcy? If I can sue her then would state would I have to do this in? Or is she protedted thru her Chpt 7? I'm sure i don't have a case, just wanted to give it a shot though. Thanks.

 

[I AM ALWAYS LIABLE]

What is the name of your state? NY

I used to live in MO and lent $3000 to a friend while living in MO. This was in 99'. Needless to say I was never repaid. She moved to IL and I ended up moving to NY for work. She filed for a chapter 7 bankruptcy in 02' and it was discharged, she included the money that she owed me in the bankruptcy. Believe it or not we remained friends thru the whole ordeal. Even after her bankruptcy was discharged she would send me emails claiming that she was going to pay me back because we are friends, blah, blah. I have seen about $400 over the last couple of years but nothing else. Do I have a case if I wanted to sue her even though the money she owed me was included in the bankruptcy? If I can sue her then would state would I have to do this in? Or is she protedted thru her Chpt 7? I'm sure i don't have a case, just wanted to give it a shot though. Thanks.

My response:

No, you don't have any chance whatsoever. The underlying debt has been discharged; e.g., as if it never existed. The money she has sent you has no legal relation to the debt she once owed to you. Hence, that money is akin to a "gift" from her to you because there's nothing "attached" to that money, like a "duty" to pay - - which was "snipped" by the Federal Bankruptcy Court.

I could have used the phrase "no nexus to the debt", but I'm not sure you would have understood that usage.

IAAL

 

[BeenAround]

You may look into taking a "nonbusiness bad-debt deduction" on your income tax and call it a day.