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Bankruptcy, before or after small claims date?

Brockton, MA |

a friend opened a cc and bought me items. he then gave me a card in my name as an add on though i signed nothing and did not ask for it. i charged a few things and i wanted to pay for them, so i did. now he is an ex friend and has filed a court date of 11/14 to have me pay for everything, his things included. should i file bankruptcy now or wait to see if a judge decides i owe anything>

This is the only debt I could theorectically have if the judge decides I owe anything to my ex friend

Attorney Answers 6


  1. Best answer

    I see from the comments youa retiree. Hence, I have three suggestions. First, bring proof of payment through withdrawels from the bank or checks to court to show you paid him. Second, check if you are judgment proof- many people income and expenses are protected under state law and do not need bankruptcy if they do not mind going to court to show that all assets and income is protected. Finally, out of pocket expense of filing bankruptcy is about four hundred dollars not to mention the cost of a lawyer and lost credit. Hence, settlement may make more sense than just filing bankruptcy.

    Good luck


  2. Do you have other debts in addition to this one? Without knowing the big picture it is impossible to know how to answer your question. You should consider consulting with a bankruptcy attorney who will spend a little time evaluating your situation and be able to better advise you


  3. Sounds as if there is a chance the court will decide in your favor and if it does there may be no need for bankruptcy.

    These are general thoughts - they not intended as legal advice - so you need and should contact an Attorney for actual advice on this situation.


  4. Considering that your debt load is relatively small, and given that there's a probability the court will rule you don't owe this or any other money, I'd wait to find out what happens. You can always file bankruptcy later.

    This answer does not create an attorney-client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.


  5. Attorneys need facts, fully detailed circumstances, before they can leap to conclusions. The couple of sentences posted here may well indicate that you have no obligation whatsoever and it is pointless to consider a bankruptcy. But, if there are facts beyond the summary then things might go differently.

    Bear in mind that you can not get legal advice from a computer website. This is a very good informational and marketing website. But you can not get actual legal advice.

    Here is a general article - linked below - on "Bankruptcy Basics".

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  6. Unless, you have a private agreement with your boyfriend, outside of the agreement between him and the credit card company, I doubt it; because, if your boyfriend opened the account, he is the primary debt holder. you as the secondary are responsible for your debts, but even if you had not paid them, he would still be responsible for all debts. Get all your canceled checks to show that you paid for the items you purchased. Get also the statements that were sent to you directly. Show them to the judge. No need to jump the gun!!! Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Accidentes, y Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Soy licenciado solo en el Estado de California.

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