Santa Barbara, CA asked in Bankruptcy and Collections for California

Q: I gave a personal loan of $9500 to someone who's now filing bankruptcy. Is there anything I can do to get my $ back?

Related Topics:
1 Lawyer Answer
R. Grace Rodriguez
R. Grace Rodriguez
Answered
  • Bankruptcy Lawyer
  • Chatsworth, CA
  • Licensed in California

A: It depends on a number of factors as to whether you can get your money back. As an attorney the first thing I would want to know is whether this person is filing a Chapter 7 or a Chapter 13 bankruptcy.

If filing a Chapter 7 Bankruptcy, and the Debtor has assets or makes to much money to legitimately be in a Chapter 7 bankruptcy then you might have a shot at getting some or all of your money back.

If filing a Chapter 13 bankruptcy, again you might get some or all of your money back.

Most attorneys provide a free consultation. I would recommend you go see an attorney who can look at the bankruptcy online and for a nominal fee could tell you what the schedules say so you can make the determination if there is something there to pursue!

Just because someone files Chapter 7 bankruptcy, doesn't mean that's the end of the road. It just means you have to stop your collection activities outside of bankruptcy and then go to the bankruptcy court to determine what can be done.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.