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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My friend took out an $8000 loan on my brothers behalf. He then filed bankruptc

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My friend took out an $8000 loan on my brother's behalf. He then filed bankruptcy but listed me as the creditor. Is there anything my friend can do to reclaim the money since she wasn't listed as the creditor on the bankruptcy paper work?

Hi JACustomer,

Who filed Bankruptcy?

Why were you listed as a creditor?

Customer: replied 6 years ago.
My brother filed bankruptcy. He listed me as the creditor because my friend (who took out the loan on his behalf) is my girlfriend. I think he assumed that he would list my name since my girlfriend and I share the same home address. He asked me for the loan. I didnt have the money so he asked me to ask her for the money. I was the liason but the loan, the mailing of the check, etc was solely her effort.

Did your brother know when he borrowed the money that he was not going to pay it back?

Customer: replied 6 years ago.

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.

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