GF owes me 2k and using my BK as reason not to repay? Help?

[Aledrell]

can I email her, or do you think a call would be better? at least in an email I can attach copies showing what has occurred. At this point I just want to drop the whole thing because it's really not worth it. She has already lost in my opinion by spending probably $1k on attorneys. Not sure I want to sign the dismiss with prejudice though, but I also don't want to over litigate this bs seeing as they hit with deposition supeonea etc. It's a rock and hard place.....ps on your last post please delete initials

[helpmeout]

I already said I was going to ammend the schedules...trying to figure out where to put it......and does anyone know if you can amend one page versus resubmitting the whole packet etc???? and "helpmeout" thanks for the negativity.......

It would probably just be the one page.

And you are welcome for the reality check.

[despritfreya]

can I email her, or do you think a call would be better? at least in an email I can attach copies showing what has occurred. At this point I just want to drop the whole thing because it's really not worth it. She has already lost in my opinion by spending probably $1k on attorneys. Not sure I want to sign the dismiss with prejudice though, but I also don't want to over litigate this bs seeing as they hit with deposition supeonea etc. It's a rock and hard place

You can do it either way. Email is documentation. As to dropping the whole thing and letting it go, that is in the hands of the Trustee as it is the Trustee's right to claim the asset. PS, I can't figure out how to delete. There is no "edit" button for the post in question. If I can figure it out I will.

[tcreegan]

amend 1 page OK

Hi Aledrell,

Easy question compared the rest of your mess! Yes, you can amend a single form, ie Schedule X, without amending the rest of the petition. (Generally, if a form is multi-page, you submit all the pages of the form) Be sure to either check the court website or call the court clerk about how to submit amendments, there is usually a 1 page cover sheet the court requires (and it is usually different for each court)

Good luck with all this!

Tom in Colo

[nceguyfromne]

I already said I was going to ammend the schedules...trying to figure out where to put it......and does anyone know if you can amend one page versus resubmitting the whole packet etc???? and "helpmeout" thanks for the negativity.......

I don't think anyone is trying to be negative but rather help you understand the potential seriousness of this in hopes you'll play it straight rather than trying to mince words with the trustee and BK court. If I were you I would simply file the amendment and plead stupidity (nothing personal) if the trustee has anything to say about it. They may not like it but I'm sure it's not the worst omission they've seen and life will go on. Don't go quoting abandonment procedure or try to talk him/her out of doing his/her job because you feel the ends don't justify the means. They probably don't, in all honesty, but don't give anyone reason to suspect you were trying to intentionally sneak this under the radar and buy yourself more serious trouble. Just apologize and offer your cooperation.

[SMinGA]

Do you have a written agreement regarding the $2,000? If not, it really does not matter whether you amend the petition or not. Thinking someone else owes you $ is not automatically an asset, and having nothing in writing makes it almost impossible to enforce this 'debt'. Its your word against hers that she owes you the $, and without something in writing you have nothing to stand on. You can't go to small claims court and argue its true just because you say so. (And since you were on good terms at the time you made the arrangement, I doubt you put anything in writing.) Its her word against yours that she owes you this $.

(Just read some more posts and you said it was a verbal agreement only.)

As to the engagement ring: you gave it to her. I doubt any court will decide she must give it back. If she broke off the engagement, I believe its right for her to give it back - but morals and legal ownership don't necessarily mix.

[detrlions10]

This sounds like a good case for Judge Judy

[Aledrell]

As to the engagement ring: you gave it to her. I doubt any court will decide she must give it back. If she broke off the engagement, I believe its right for her to give it back - but morals and legal ownership don't necessarily mix.

Case law would disagree with you. The ring belongs to the groom as a gift of condition until the condition is met. But this does vary some by state and I broke it off.

[Aledrell]

Now some of you might think I'm beating a dead horse here but let's just say the engagement ring was involved and it's on your schedule c as exempt. What keeps you from seeking a writ of Replevin in state court

which is defined as a:

order granted to a complainant to recover goods that have been unlawfully taken or retained.

I know all property exempt or otherwise is in it's entirty property of the estate, so I am assuming the stay applies to everything. What I don't understand is how you can sell exempt property during a BK but not file for the engagement ring back. Does anyone have any statory info here or case law, my eyes hurt I've been reading so much and can't find anything specific.

[SMinGA]

Listing an item on your schedule does not prove ownership. I could list my neighbor's yard furniture - does not make it mine.

Are you claiming that the ex stole jewelry from you - or that she failed to give back an engagement ring? I assume its the latter. Do you have any legal precedent that shows one is obligated to return a gift when the giver changes his/her mind?

[Aledrell]

Do you have any legal precedent that shows one is obligated to return a gift when the giver changes his/her mind?

Yeah case laws has deemed it as a gift of condition in several states to be returned if marriage does not occur.

Not sure you understand my question. Does the automatic stay or something preclude you from filing in state court in pursuit of exempt property

Let me put it to you another way. If I was your neighbor and asked to borrow your car for the day and you let me but I disappear for a week then come back. After you try and kill me I tell no I asked if I could borrow for a year for helping you out a few months back and you agreed. Cops show up and say this is a civil matter. Are you precluded from filing in civil court to get your car, it is exempt, yet it is property of the estate. So the safe answer is to get the BK ct to modify the stay so you can get your car, but where does it say you have to do that?

[Aledrell]

Alright I found the answer but it don't make rational sense. For example in my stupid neighbor example you could not sue for car back.
Here's link:

http://courts.arkansas.gov/court_opinions/coa/2010a/20100317/Hobson%20v.%20Holloway.pdf

[keptdigging]

Wow. Playing with fire. Whether or not the debt is collectible, etc.... not yours to worry about. You think she owes you money. Disclose it. Amend and list it as an asset. Perhaps check "disputed." The trustee will decide whether to pursue it... not your call. Your duty is to disclose and cooperate with the trustee. Not to second guess the trustee. And not to be a lawyer or judge deciding the whether the debt is legally enforceable.

Whether it's enforceable or not, pursuing the debt yourself shows either a bad faith bk filing or a bad faith lawsuit in pursuing her. Just stop.

Keep it simple: amend, disclose and cooperate.

I think of it this way: bankruptcy is the NFL. Not the People's Court. Don't let your dispute and your anger and desire to get even risk the bigger picture... risk your discharge.

I would say the chances are good that the trustee won't pursue the matter after learning all the facts. But that in no way reduces your duty to disclose the matter. It's the trustee's call.

[Aledrell]

Whether it's enforceable or not, pursuing the debt yourself shows either a bad faith bk filing or a bad faith lawsuit in pursuing her. Just stop.

Keep it simple: amend, disclose and cooperate.

I think of it this way: bankruptcy is the NFL. Not the People's Court. Don't let your dispute and your anger and desire to get even risk the bigger picture... risk your discharge.

I would say the chances are good that the trustee won't pursue the matter after learning all the facts. But that in no way reduces your duty to disclose the matter. It's the trustee's call.

It's disclosed and done. I'm trying to figure out how to bow out of the civil lawsuit until BK case is closed. Can't just walk away because motion with prejudice would preclude me for going after item again.