Legal Question in Bankruptcy in Texas

Can I sue a person to get them to pay me back after they filed a bankruptcy? I loaned them 10K more than three years ago. They were in a bind with their business and they were a personal friend. I had them sign paperwork saying they agreed to pay the money back. At the time they couldn't afford to pay anything but the interest on the loan and all the while telling me that when they received a settlement, they would pay the entire loan back. About a year ago they filed bankruptcy and told me this debt would not be listed. Then they told me their lawyer said my 10K would have to be included. Still they promised to pay me back. Even while my 10K was included in the bankruptcy, they continued to pay me the interest on it. I confronted them and asked for a revised agreement on payback. they refused saying I would try and take their business from them. Now they have stopped paying the interest all together and are no longer speaking to me. Do I have any recourse?


Asked on 12/16/09, 8:11 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You'll want to check their bankruptcy schedules (these can be reviewed online - you can have almost any lawyer help you with this) and see if they listed you in their schedules. My guess is that they DID.

If they have received theira discharge, and your debt was listed, then you're out of luck. You have no recourse.

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Answered on 12/22/09, 9:20 am


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