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.
A:
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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