Friend included me in Bankruptcy??

[Flamingo]

I borrowed a friend money quite a long time ago, over several years we would talk and she just wasn't in a good place. Finally, she has a very good job, just married and her husband makes great money so I contacted her and about a week or so later I get a letter from an attorney that basically states, sorry we overlooked sending you a notice (4 YEARS AGO) but she filed bankruptcy and no you need to go through us.
I am blown away because she and I have talked about this - now I didn't get my chance to go to the hearing and explain why I shouldn't be included in the dismissal.
Sad things is, I see her almost every day at work and I can't stand it. When she needed help I helped, now I just started working after 2 years of unemployment and need that money. Do I have the right to take her to small claims court?? She never had any intention of adding me to the list of creditors -- HELP in Minnesota please.

Matt

After all the comments above, reread the OP's original posting...From what I read out of this, the OP and his "friend" did not talk during over a four year period or, if they did, she did not mention they filed BK. He found it out after he approached her to ask again for the money when she was doing better and the attorney contacted him stating they "overlooked" sending him a notice (4 years ago) regarding the BK and now he needs to go through her attorney. There is no mention about the amount of funds in question. He asks about the right to take her to smalls claims court and that she never had any intention of adding him to the list of creditors.

Morally, with what she did as to her "friend" by not telling him about the BK or what was going on as to that, the situation is really bad. I would question any friendship here. Secondly, if I were the OP, I would get copies of her filing (which he can do as it is public information) and review the information before contacting her attorney back so he doesn't walk into this blind. Thirdly, if the amount in question is a low amount ($500/$1,000), the OP has to determine whether or not it is all worth it and just to let her out of his life and out of his group of friends. She knows what she did and since she is doing better should at least attempt to pay the OP back something...personally, I would trash her as a friend for treating me so low without a full and complete explanation.

[tobee43]

After all the comments above, reread the OP's original posting...From what I read out of this, the OP and his "friend" did not talk during over a four year period or, if they did, she did not mention they filed BK. He found it out after he approached her to ask again for the money when she was doing better and the attorney contacted him stating they "overlooked" sending him a notice (4 years ago) regarding the BK and now he needs to go through her attorney. There is no mention about the amount of funds in question. He asks about the right to take her to smalls claims court and that she never had any intention of adding him to the list of creditors.

Morally, with what she did as to her "friend" by not telling him about the BK or what was going on as to that, the situation is really bad. I would question any friendship here. Secondly, if I were the OP, I would get copies of her filing (which he can do as it is public information) and review the information before contacting her attorney back so he doesn't walk into this blind. Thirdly, if the amount in question is a low amount ($500/$1,000), the OP has to determine whether or not it is all worth it and just to let her out of his life and out of his group of friends. She knows what she did and since she is doing better should at least attempt to pay the OP back something...personally, I would trash her as a friend for treating me so low without a full and complete explanation.

right on point. and indeed, it was 4...FOUR years...i certainly would not have waited that long either. and, i, too, agree, she knew what she did. i just think there may be some glimmer of legal recourse here the OP.

[justbroke]

jb: i still question the fact whether the 7 was an asset case or not, if there was no proper notifcation if the debt was left off the petition? i understand if it's a no asset case there is really no recourse. but if the amount is substantial enough, and one can prove they were left off the petition... shouldn't there at least be attempt to retrieve some of the money?

In other cases, however, where you intentionally left a creditors name off of the list, he may later show up in court and ask to have the case reopened because he was not notified. In this case, he may very well be successful and his debt will survive the bankruptcy. In other words, it will not be discharged, and you have to pay the debt.

This I must disagree on! This has been litigated ad naseum and each District and/or Appeals Circuit has a precedence on this. The bankruptcy code reads that upon entry of the discharge order, "all debts that arose before the date of the order for relief under this chapter" are discharged (period).

Some courts base this on whether the creditor actually was injured in an asset case where they didn't have a chance to receive a distribution. In those cases, the debt is not discharged. In other cases, where there is a no asset case, there is no distribution and no chance to file a claim. In those cases, the claims bar date is said not to exist! The creditor is not injured.

The only issue in the majority of the Districts in a no-asset case, is whether you need to re-open the case in order to add a previously forgotten creditor in a no asset case.

This is why I cautioned the poster to check PACER to determine whether it was a no asset case or not.

[tobee43]

This I must disagree on! This has been litigated ad naseum and each District and/or Appeals Circuit has a precedence on this. The bankruptcy code reads that upon entry of the discharge order, "all debts that arose before the date of the order for relief under this chapter" are discharged (period).

Some courts base this on whether the creditor actually was injured in an asset case where they didn't have a chance to receive a distribution. In those cases, the debt is not discharged. In other cases, where there is a no asset case, there is no distribution and no chance to file a claim. In those cases, the claims bar date is said not to exist! The creditor is not injured.

The only issue in the majority of the Districts in a no-asset case, is whether you need to re-open the case in order to add a previously forgotten creditor in a no asset case.

This is why I cautioned the poster to check PACER to determine whether it was a no asset case or not.

excellent point! ( as usual...and i know i get criticized for commenting, however, i want to encourage dialog)...check pacer, and be careful.

exactly.

[justbroke]

excellent point! ( as usual...and i know i get criticized for commenting, however, i want to encourage dialog)...check pacer, and be careful.

It wasn't you that I disagreed with, it was your source. You are a great contributor and I like discussion and even disagreement.

[tobee43]

It wasn't you that I disagreed with, it was your source. You are a great contributor and I like discussion and even disagreement.

thank you, you, jb...... above ALL is whom YOU i respect, along with maybe ONE other. i admitt...i do NOT work here. i have all the info, and actually the knowledge, surprising as it may seem to many....however. i know i do not always give the correct "legal" answer although i know it. hahahaha...unless YOU ask me!!!!!!!!!!

[tobee43]

after re-reading that terrible post...i need to add there are many wondrous, informative people on this site!!

and i apologize if anyone was offended, as i do respect many people here and have met some of the most wonderful people i have ever come across!!

[Unibrow]

I can't make out what's going on in the first sentence. So you let her borrow money? You borrow her money?

[marie]

It may not be grammatically perfect, but the situation is quite clear if you read past the first sentence, and then the rest of the thread.

[WhatMoney]

thank you, you, jb...... above ALL is whom YOU i respect, along with maybe ONE other...

You must be talking about me, right tobee?

Hey, I've already got two more "ladies" here mad at me this week, so I need some respect...

[mdj67]

Well, you have all given me great info. I have two more days of work, then a long weekend. I will check futher into things and keep you informed as to what happens. It is $2500, not life ending, but the way she handled it, I'll go as far as I can just to piss her off.

Matt

[DesdemonaB]

Well Good Luck mdj67

Go through her lawyer - it will help keep things a little sane at work and it might run her up a little bill. oh and keep us updated.

[biotechsolution]

If it was $2500, chalk it up to experience. Won't be worth the hassle you'd have to go through.

[tobee43]

You must be talking about me, right tobee?

Hey, I've already got two more "ladies" here mad at me this week, so I need some respect...

ROFL!!!!!!!!!! now YOU...that's a different story. i NEVER agree with you...but i ALWAYS hopefully respect you! LOL!!! so i'll change that to 1.5...i'll give you that

nahhhhhhhhh...NOT YOU, you didn't get two MORE ladies mad at you did you??

[tobee43]

Well, you have all given me great info. I have two more days of work, then a long weekend. I will check futher into things and keep you informed as to what happens. It is $2500, not life ending, but the way she handled it, I'll go as far as I can just to piss her off.

Matt

good luck with it matt. please let us know how you make out...

the information is excellent to know for others!!

i hope it works out for you, and guess you will not be lending to a friend anymore..