Submitted by Nathan68 on Mon, 08/09/2010 - 08:58
Posted in
Two years ago I stupidly loaned $3,000 to a girl I was dating. We broke up and I've been getting promises of payment for over a year now. She has filed chapter 7 bankruptcy and listed me as a creditor. I talked to her on the phone and she keeps telling me she's going to pay me even though she filed bankruptcy. Because of those promises can I still try to collect the money from her?
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Editor's Response
No. The law prohibits you (or any creditor) from taking any action to collect the debt after the automatic stay is in place. Eventually, your debt will be discharged, unless she signs a Reaffirmation Agreement. A Reaffirmation Agreement essentially removes a debt from the bankruptcy estate and prevents it from being discharged. Assuming your former friend does not do that, she can make all the promises she wants, but she is not obligated to repay the money to you. Sorry. Visit our MA Bankruptcy Discussion Forum for more general information.