Legal Question in Civil Litigation in Florida

I loaned a friend $3,000. dollars. She wrote a promise to pay note stating it would be returned within two days, once she got her check. It has now been 8 months and she has only paid a portion of it. I have now learned that she has since filed bankruptcy. Does filing bankruptcy gives her the right not to pay me my money? Please help! I don't know what to do.


Asked on 4/18/10, 6:12 am

2 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

Did she list you as a creditor in the bankruptcy? If so, you will receive a notice from the court. You can file a claim in the proceeding. Unfortunately, you are probably going to be an unsecured creditor and they are the last on the list of those whose claims are paid. There is a strong possibility you will get little or nothing back. You may wish to have a consult with a bankruptcy specialist.

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Answered on 4/23/10, 6:48 am
Lesly Longa Longa Law P.A.

If you received notice from the court, you need to file a claim. If she did not really file bankruptcy, take her to small claims court and get a judgment against her for the money lent.

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Answered on 4/28/10, 7:04 am


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