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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex-husband allowed a claim for 100k in his personal bankruptcy

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My ex-husband allowed a claim for 100k in his personal bankruptcy and then only had to pay me 20 dollars a quarter. The money was actually loaned directly to his business. Can I file a suit against him personally to pay the money. We had no formal loan agreements, but I had the checks documented for his personal bankruptcy, and he admitted the debt.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, even though you had no written agreement, if he admitted and did not have the debt discharged in the bankruptcy then you can sue him for the debt and seek a judgment against him for the collection of the debt.

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Customer: replied 3 years ago.

Actually, I really messed up my question. The debt was discharged in his personal chapter 11. Can I sue his company for the debt. That is where the checks were written... to his company. Again, he already admitted the debt in the personal chapter 11.

Thank you for your clarification. That is a big mess up.

If the debt was to his company and not a personal only debt, then you can sue his company. However, if this was a personal loan only, then you cannot sue for a debt discharged in bankruptcy at all and would be subject to sanctions and attorney's fees for doing so. You need to get the bankruptcy order examined by a local attorney along with your proof the loan was to his company and not a personal loan to make sure you do not file without proper evidence and end up getting sanctioned for suing over the debt. If he admitted it was a debt to the company as well as him, you need to provide some proof to win a suit.
Customer: replied 3 years ago.

The proof for the debt in his personal bankruptcy was a print-out of all the checks I had written to his company while we were married. The checks were written directly to Cape Fear Realty/Bald Head Island Rentals. His bookkeeper printed out a report for me from his business Quick Books account. Ledger entries I remembered stated "for payroll, best I can remember. The checking account was in both our names. However he admitted he owed the debt in his personal bankruptcy. It was discharged in his personal bankruptcy. I now understand he is contemplating filing a business bankruptcy because of judgment that was awarded against it. Are we on the same page now?

Thank you for your response.

If you can prove that the loan was to the company you can sue the company. Unfortunately, if he files bankruptcy for the company you could be in the same boat as now and not able to collect from him as he could get this discharged in bankruptcy of the company too. Also, because he has a judgment against the company, your suit would be in line behind the judgment to get paid, which means you could file suit, but could end up not able to collect anything.