Legal Question in Bankruptcy in California
Getting the ex-girlfriend to pay up
My husbands ex girlfiend racked up about $30,000.00 of debts in my husbands name. They broke up she kept everything and he had to claim bankruptcy. His bankruptcy cleared over 1 year ago. Do we have basis to take the ex-girlfriend to court for her portion of the debt?
2 Answers from Attorneys
Re: Getting the ex-girlfriend to pay up
You would probably have a case against the ex girlfriend, so long as it is not beyond the 2 year statute of limitations for verbal agreements.
If you didn't list the potential claim against the ex-girlfriend in your bankruptcy petition, you can amend your petition to show this, and you might still be able to keep most if not all, of what you collect from her, depending on what other assets you had at the time of filing.
Re: Getting the ex-girlfriend to pay up
SURE, SO LONG AS HE DISCLOSED THE ASSET OF THE MONEY HIS EX OWED HIM IN THE BANKRUPTCY PETITION. IF HE DID NOT INCLUDE THIS INFO THEN ANY JUDGMENT HE GETS WILL BELONG TO THE TRUSTEE IN BANKRUPTCY WHO WILL BE SINGING "MERRY CHRISTMAS TO ME."