Legal Question in Civil Litigation in Minnesota
unwritten agreement of personal loan
I was in a situation where I had to file bankruptcy approximately one year ago. My boyfriend at the time, borrowed me the money to file, which was around $7000. There was no written agreement that I would pay him back, yet he is demanding the $7000 a year later. This has never came up since our relationship ended around 11 months ago, and I am unsure what to do at this time. I thought that the money was somewhat given to me as he offered to pay and was the one in demand of me filing bankruptcy. I need to know if I am responsible to repay this amount as there is no written agreement? If he were to take me to court, I do not believe that I would have to repay this money: is this correct?
1 Answer from Attorneys
Re: unwritten agreement of personal loan
Need more details re: situation to advise. Courts will look to totality of circumstances in determining loan vs. gift.
Was there NOTHING in writing concerning this transaction?
No memos, emails, letters?
How about the debts discharged in BKY? Were any of them his?