Q: I loaned $15,000 to a friend who filed chapter 13.
She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.
A:
A chapter 13 bankruptcy case can last up to five years from its filing.
You do not say when the bankruptcy was filed, nor when you discovered it.
Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by the bankrupt, as an omitted creditor/claim is not discharged, absent the creditor's actual knowledge of the filing.
There are exceptions to discharge of debt, whether in a Ch. 7 or Ch. 13 case, and you are well-advised to speak with an experienced attorney authorized to practice in your state about these issues, and what, if any, path you should follow at this point.
Timothy Denison agrees with this answer
A: An attorney can file a Motion to Allow Late-Filed Claims for you, but check her plan first to see the percentage being paid to unsecured creditors. If its 0%, you may not receive anything even if you had been noticed and filed a claim on time.
Timothy Denison agrees with this answer
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