Legal Question in Civil Litigation in California

Re: 4 year old loan

If you are talking about money lent before he went BK, they you could bring a claim in the BK court during the time period provided. After that, you lose. That assumes you were a listed creditor. If you were not listed, you MAY still be able to bring legal action.

If you lent money after he went BK, then you need to take legal action on the note.

Consult with counsel quickly, with your paperwork. Feel free to contact me if you think you still have a claim.

Re: 4 year old loan

If you had notice of the bankruptcy and loaned the money before the bankruptcy, then your sole remedy would have been to file a proof of claim with the bankruptcy court. If the was case was dismissed without a discharge, then you are free to file suit if there is still time under the statute of limitation. If the debtor received a discharge, you may be out of luck.

Re: 4 year old loan

It depends on whether or not a discharge of debts was granted in the case. If so, you can no longer sue; if the case was dismissed without a discharge, you may be able to sue if the statute of limitations has not passed.

Re: 4 year old loan

If you were not included in the notified creditors on Chapter 13, you should able to pursue debtor/borrower if not otherwise barred by statute of limitations - 4 years for written agreement and 2 years for verbal agreement, from date of breach. If included in creditor and debtor satisfied repayment plan requirements, you are likely barred.

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