Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?
He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit
A: If he files a bankruptcy, you will need to file a proof of claim that shows you are a creditor entitled to payment.
Nick Curtis Thompson and David Luther Woodward agree with this answer
A: People always bluff and threaten to file bankruptcy. Sue him for your money and call his bluff.
A: Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of about 50,000 a year and qualify, so his income is far below that. You don't explain whether you owned part of the restaurant or whether you simply loaned him the money. But either way, it looks like he can probably file bankruptcy to avoid paying you. However, some people will threaten to file bankruptcy but won't do it.
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