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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have an ex girlfriend who owes me about $4,500.00. She is ...

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I have an ex girlfriend who owes me about $4,500.00. She is has agreed to pay me $150.00 a month and has been doing so for 3 months so far. She is always talking about filing bankruptcy. I was wondering if there was a way to proctect myself from her including this debt as part of a bankruptcy, other than filing a civil suite. I don''t know what her intensions are today or a year from now. I don''t want to hurt her record by filing a suit against her if she is willing to pay. But there is no way for me to know what she will do. I have a writen statement from her, signed, that she recognizes the debt is hers and she will pay it at this rate of $150.00 a month. It is not noterized though. Thank you

DearCustomer- There is really nothing you can do to prevent her from filing a bankruptcy and if she does file she must include every debt she has at the time of filing. Whether you file a suit or not would have no effect on a bankruptcy since it would be the same debt and would still be included.

Since this is an unsecured debt you are basically at risk and there's nothing you can do to change your status. Filing a suit might be a bad thing if she is paying you regularly since it might make her think she should go ahead and file for bankruptcy. At least you are now getting paid so I see no reason to upset things. If she stops paying you can always file suit and take your chances.

David Kennett - JD - Attorney at Law

Dave Kennett and 5 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Well, while I was hoping for a different answer, I expected that one. I believe you are correct, but I thought it was worth asking. So I appreciate your help and this service.

No problem. Just remember that many people threaten bankruptcy but its not always that easy due to many factors that are involved. At least she's paying so keep your fingers crossed! - Thanks for using our service.

Dave Kennett

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