Legal Question in Bankruptcy in Maryland
Collecting from someone with bankruptcy
Can you collect from a person who has recently declared bankrupty. I loaned a friend 1000$ I have tried on numerous occasions to be repaid. I have documented emails where she says she will repay. But I havent gotten any money yet. I would like to know if I take this person to small claims court am I still entitled to my money even if she declared bankruptcy?
2 Answers from Attorneys
Re: Collecting from someone with bankruptcy
It depends on what chapter of bankruptcy she declared and whether or not you were listed as any form of creditor.
If you were not listed as a creditor, you may be able to collect. If you were listed as a creditor you can only collect to the extent (amount) that the court is allowing for your class of creditor, (presumably unsecured)
Re: Collecting from someone with bankruptcy
There are instances when a debt can be collected in bankuptcy depending upon the circumstances - 410-484-4900