Legal Question in Bankruptcy in California
I filed chapter 7 bankruptcy on 4/1/11 and it was discharged. I was recently contacted by a person who loaned me $5000 in 2007, I have not heard from them since 2008. I forgot about it so never included in my bankruptcy. It was loaned on a promissary note. Because it was loaned before my bankruptcy am I still liable for the amount because it was not included in my bankruptcy?
1 Answer from Attorneys
Yes, you remain liable for that debt because it was not included in the bankruptcy. Did you have an attorney represent you? If so, you may want to contact that attorney and inquire as to possibility of re-opening your bankruptcy for the purpose of including this debt.
Also, when was the last time you made a payment on the loan? When is the loan due? There may also be a statute of limitations issue as well.
Please seek the advice of a local bankruptcy attorney if you do not already have one.
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