Chapter 13 Bankruptcy and promissory note: I loaned a friend a little over 5 thousand dollars and made her sign a promissory note. Now, this person sent me a nasty text today saying I don't have to pay you back because I am filing chapter 13 bankruptcy. She is not eligible for chapter 7. My question is I was planning on taking her to small claims court. Is this an option with chapter 13? She told me awhile back she was going to do this to get out of paying me and some of her other creditors back I suppose. She is a complete deadbeat. At least this has taught me a lesson....never loan money to others ever again?
Glen’s answer: If she files Chapter 13, or 7, both stay (prevent) a court case against her. In a 13 you would get a claims form to file. Most 13s do not pay unsecured promissory notes in full (some pay as little as 0 or 1 cent on the dollar, but on some you may get lucky). Before filinga claim, have a lawyer review the 13 and claim to be sure you are at leastfiling it properly, as that could also affect payment. Note that if she files 7, very few 7s have payouts to creditors.
I received a order from court stating the Motion is dismissed as moot for and and order modifying custody and child support?: What does Motion dismissed as moot means?
Glen’s answer: WIthout reading it in detail, along with other motions in context, your answer here will be pretty useless. A dismissal tosses a motion, and moot suggests that the issue in the motion doesn't exist now. Your question suggests that your are making a bad mistake representing yourself (which is always a bad idea).
What is the likelihood of jail time for the charge of Reckless Conduct - pointing a firearm at another ... : I did it because I was afraid. My husband at the time was threatening me verbally, but with no weapon. We are now divorced and these issues are solved and peaceful. That doesn't matter really because the point is, i broke the law and regardless of why , I'm responsible. I'm sorry for my foolish and careless behavior.
Glen’s answer: Your lawyer knows the facts (and yes, jailis possible). We don't. Asking for a wild guess online from people who have never heard the police report or know details is not going to help; yoyur lawyer can (and if you do not have oneyou have made a bad mistake youneed to correct). You misposted this in a civillaw area where criminal defense lawyers will neverse it, so I am moving it to a criminal area. BTW, this is the internet, and prosecutors can read your posts (and you just admitted to a crime online) - be cautious in what you say in public and online.