We loaned a child alot of money, and new that child has file Chapter 13 bankruptcy, do we have any recourse

Attorney answers (6)

1. 

   Derek CaldwellPro

   Raleigh Chapter 13 Bankruptcy Attorney

   Contributor Level 16

   

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   Answered March 13, 2013 09:54. To get anything you will have to file a Proof of claim with the bankruptcy court by the deadline for filing proofs of claim. You should get the form in the mail along with the notice of their having filed a bankruptcy within a week or so of the date they filed their case. Upon completion of their plan whatever amount you have not been paid will be discharged and you will not be able to even ask them for additional payments. You would not be under any obligation to include her/them as takers under your will. They could continue to make payments to you after the discharge of their bankruptcy, but you could not demand they do so.

   DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... moreDISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment). less

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2. 

   Scott Riddle

   Atlanta Litigation Lawyer

   Contributor Level 16

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   Answered March 13, 2013 09:48. Your child is basically correct. Like any other creditor, you will likely get some amount over 5 years and then, assuming she complies with the plan, a discharge of debt will be entered. Of course, we don't know all the facts - just the basic information you told us.

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3. 

   Stuart M NachbarPro

   Livingston Bankruptcy Attorney

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   Answered March 13, 2013 10:06. If you have not filed a Proof of Claim in the CHapter 13, you need to immediately. If your debt is UNSECURED, then the balance will be discharged, and you will be forever banned from billing her. IF the Loan is secured, then in order to Confirm the Plan, it would have to pay you off in full. If she has committed fraud, file a non dischargeability action. Consult with Bankruptcy Counsel ASAP.

   The previous information is solely for informational purposes only. If you have further questions, please contact... moreThe previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box. less

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4. 

   Matthew Berkus

   Denver Bankruptcy Attorney

   Contributor Level 15

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   Answered March 13, 2013 09:57. As stated, you are creditor like any other from the perspective of the bankruptcy. To get paid, you will need to file a proof of claim with the bankruptcy court. Assuming the chapter 13 reaches discharge (most don't), then the debt is discharged and you cannot take any further action to collect. The kid can voluntarily pay you after the BK, but you cannot take any action once the kid has the bankruptcy discharge.

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5. 

   Alan S Dambrov

   Stratford Chapter 13 Bankruptcy Attorney

   Contributor Level 10

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   Answered March 14, 2013 07:28. While the previously posted answers are correct in the law, for this kind of money you really should engage an experienced creditor's rights lawyer to be sure that you comply with all of the requirements of bankruptcy law and to obtain your maximum recovery.

   This response is intended to give a general overview of the law and should not be treated as legal advice. There... moreThis response is intended to give a general overview of the law and should not be treated as legal advice. There are too many factual issues and exceptions in the law to provide definitive conclusions about your circumstances. less

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6. Licensed in KS

   

   Neil Sader

   Kansas City Chapter 13 Bankruptcy Attorney

   Contributor Level 7

   Answered March 16, 2013 18:49. The one factor that has not been discussed and is very important is this - there is a limit on the amount of unsecured debt a debtor can have and be in Chapter 13. The amount is around $365,000. If the debt you described is unsecured, the case should be dismissed and your ability to collect could be enhanced. You will need to contact a Chapter 13 attorney to make sure you find out your options.

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