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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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I had a debt to an old boyfriend, ($6K) that did not have anything

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I had a debt to an old boyfriend, ($6K) that did not have anything legal written down.
I then listed him as a creditor in my bankruptcy. When we broke up, he told me I did not owe him the debt.

A year later I started making monthly payments on the debt (to be nice). It is down to around $4200.
He died in May. His new wife wants me to pay the debt to the estate.
I am listed in the Trust for $20K which got her mad.

Does the Bankruptcy shield me, or since I paid part of it, do I have to pay the remainder.

Also the Executor asked if I could supply the Bankruptcy information. Should I, or wait. The new wife was not listed in the Trust so she is contesting.
Hello,

A debt discharged in bankruptcy and not reaffirmed as part of the bankruptcy action through the filing of a reaffirmation agreement with the bankruptcy court remains discharged. You cannot be forced to repay the remainder of the debt.

Hope this helps.
socrateaser and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

So my next part of the question is,,,should I send the Executor a copy of the Bankruptcy paperwork? I do not want to give more info than needed, and I do not want them to take the money from the 20K.


 


Do you see me making a mistake if I send a copy of the Bankruptcy discharge to the Executor, before he asks for it?

You don't need to send a copy of the paperwork. You can simply provide the name of the bankruptcy court and case number, and let the executor research the court file him/herself.

Hope this helps.