Legal Question in Bankruptcy in Georgia

I'm am owed money, what if he files bankruptcy?

I loaned $3,700 to my then boyfriend to help him get his home out of forclosure (which the gov't has a lein on for back taxes). He is now my ex-boyfriend, he had been paying me on a monthly basis, however, he has missed the last couple of payments. If I sue him for the remaining money owed and he then files bankruptcy would his debt to me be dismissed? What happens to my suit against him? Is there a way for me to get the remainder of the money owed ($2,800)?


Asked on 12/30/97, 5:00 am

1 Answer from Attorneys
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

What happens if you sue?

If he files for bankruptcy, whether you sue him or not, his debt to you will be discharged and there is no way for you to recover it. If you sue him, you ruin his credit and his filing for bankruptcy protection doesn't make it any worse. Were you my client - and, of course, you are not - I would advise you to bide your time and get whatever you can get from him without suing because your hiring a lawyer and filing suit may well be money not well spent.

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Answered on 12/31/97, 1:55 am


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