Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Who filed Bankruptcy?
Why were you listed as a creditor?
Did your brother know when he borrowed the money that he was not going to pay it back?
The agreement was that he would pay the loan back beginning the following March. I asked him, once she agreed to loan him the money, that he "please not screw her over". His response was "Man, I wouldnt do her like that and I appreciate the help". He wasnt in a place to start paying it back so my girlfriend gave him a year long extension to enable him to "get on his feet." Now the March is approaching, he refuses to respond to any inquires about the loan repayment. We are in NC and he is in Illinois. I recently found out that he filed bankruptcy and listed my name as the creditor.
The basic rule is if a creditor would receive nothing if listed on the Bankruptcy petition, the fact that the creditor was not listed does not make a difference. In other words, the debt is discharged even if the creditor's name is XXXXX XXXXX
This means your girlfriend's debt was discharged even though she was not listed in the Bankruptcy.