Posted on: 19th Oct, 2010 10:01 pm
my ex boyfriend owed me some money that he borrowed and said he wasn't going to pay me back. so i decided to sue him for the money. He then filed for bankruptcy and i found out now he is trying to get it discharged. what exactly does that mean and if he does he have to pay me back. I know he filed under false pretense and i'm going to find proof. thanks
Hi deejah,
If your boyfriend gets the debt discharged, then you won't be able to sue him for the money. However, you can contact the court and apply for a release of the automatic stay which will help you in pursuing him for the debt.
Take care.
If your boyfriend gets the debt discharged, then you won't be able to sue him for the money. However, you can contact the court and apply for a release of the automatic stay which will help you in pursuing him for the debt.
Take care.
Thanks for your help. What exactly does a discharged mean when someone has already filed for bankruptcy? How can they allow the system to do this?
Hi deejah!
Welcome to forums!
A person files bankruptcy in order to obtain a discharge of debts. When a debt is discharged, it is no longer enforceable against the debtor personally. Therefore, the borrower does not have a personal liability to pay back the dues. If there is a security against the debt, then the creditor can take away that to recover the dues.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
A person files bankruptcy in order to obtain a discharge of debts. When a debt is discharged, it is no longer enforceable against the debtor personally. Therefore, the borrower does not have a personal liability to pay back the dues. If there is a security against the debt, then the creditor can take away that to recover the dues.
Feel free to ask if you've further queries.
Sussane