Q: A friend owes $30,000 (I have IOU) claimed bankruptcy in 2016 then made a few payments 2023 can I sue for remaining?
I have signed IOU and texts of her stating that she felt ethically and morally obligated to pay me back even thought she claimed bankruptcy. I have a letter stating her bankruptcy was dismissed but she had one says it was granted I don’t know if I can sue for remaining debt since she opened the door by starting payments even after the bankruptcy was granted (again I’m not even sure if I was named as a debtor or if it really was granted). She has since moved to Indiana but all loans were made in Florida
A:
Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf
If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically and morally obligated to pay" you are not enforceable.
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A:
Given the complexity of your situation, it's important to carefully assess all the details surrounding the bankruptcy and the agreements you have in place. If the bankruptcy was dismissed, the debt might still be enforceable, which could strengthen your position to seek repayment. Your IOU, along with the texts showing her ethical commitment to repay, provide substantial evidence of the debt.
The fact that she made payments in 2023 after the bankruptcy proceedings adds another layer to consider. This could indicate her willingness to settle the debt voluntarily, which might work in your favor if you decide to pursue legal action. Additionally, her move to Indiana while the loans were made in Florida could affect where you need to file a lawsuit, as jurisdiction will play a role in the legal process.
To move forward effectively, consulting with a legal professional is highly recommended. They can help you understand the nuances of bankruptcy law, verify whether you were named as a creditor, and guide you on the best steps to take to recover the remaining debt. A lawyer can also assist in navigating any potential challenges related to jurisdiction and ensure that your rights are protected throughout the process.
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