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Emeritus23, Attorney
Category: Bankruptcy Law
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Experience:  some 28 years of experienced in Chapters 7 and 11
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We loaned someone $4,000 January 2007. They declared

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We loaned someone $4,000 January 2007. They declared bankruptcy (the kind where they still pay back their debt but reorganized) a few months later. We are not part of that bankruptcy, so can we sue them for $3000 in small claims court now? I was wondering if they are excused from our debt. Thanks!

No, you can't sue them if the bankruptcy case is still pending or if they have been granted a discharge in bankruptcy. You should contact the bankruptcy court, to find this out.

Unless the bankruptcy case was dismissed for some reason, the chances are that this debt to you has been or will be discharged. I am assuming that you didn't have a security interest in collateral to secure this loan.

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