Q: My brother defaulted in response to my lawsuit and now is trying to settle or claim bankruptcy can he do this to me
I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default only now he has a lawyer and is threatening bankruptcy and asking me to settle for an amount for wich is less than I am owed. My lawyer doesn't seem to be interested in collecting ym funds and his assistant told me that once he was in default he would have to start paying me.
Yes he can do this.
If he files bankruptcy you might lose all the money.
But, people often claim they will file bankruptcy to negotiate a debt, but actually will not file bankruptcy or do not even qualify for bankruptcy.
Contact an experienced debt collection attorney who can evaluate the claims and negotiate payment of the debt.
A: Yes, he can. All depends on whether the bankruptcy filing is legit or a farce.
A: Bankruptcy can be filed in an effort to discharge (eliminate) your brother's responsibility to repay you. However, sometimes people threaten bankruptcy in order to stop a creditor from filing a lawsuit to collect - but then never file a bankruptcy. I suggest you consult with a collection attorney to understand your options for trying to collect - which might include a lawsuit. If a bankruptcy is filed by your brother - a bankruptcy attorney should be consulted to understand your options.
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