Bankruptcy, before or after small claims date?

Asked over 2 years ago - 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>

Additional information

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

Attorney answers (6)

  1. Herbert Weinberg

    Pro

    Contributor Level 12

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    Answered . 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. John B. Reilly

    Contributor Level 10

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    Answered . 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... more
  3. Hale Andrew Antico

    Contributor Level 11

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    Answered . 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... more
  4. Andrew Daniel Myers

    Contributor Level 20

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    Answered . 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.... more
  5. Deborah F Bowinski

    Contributor Level 17

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    Answered . 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

  6. Manuel Alzamora Juarez

    Contributor Level 20

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    Answered . 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... more

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