Legal Question in Bankruptcy in Massachusetts

partition and bankrupcy

My house was recently sold during a partiton. My partner caused this due to withholding all monies for 2 years. It is now determined he has to pay me back this money. I am trying to settle for several thousand less rather than go to court. His attorney says his client will file bankrupcy. Can he do this while the money is being held in an account. If he does will I ever be reimbursed. Thank you


Asked on 9/07/08, 1:45 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: partition and bankrupcy

He can file bankruptcy at any time. The issues are whether he can keep the money just because he filed bankruptcy and whether filing bankruptcy would relieve him of the obligation to pay it back. Obviously that is not an easy question to answer, especially because there aren't enough facts in your question. For example, why does he have to pay it back? Did he commit some kind of fraud? There are some debts that can't be eliminated in bankruptcy. You should contact an attorney and have a consultation. When you do, take all of your papers with you; this isn't the sort of question that can be answered easily in the abstract. Good luck!

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Answered on 9/07/08, 11:58 pm


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