Re: LadynRed

Posted by SillyLilly (216.222.110.52) on July 19, 2004 at 17:53:00:

In Reply to: LadynRed posted by NW on July 19, 2004 at 15:35:48:

You cannot talk to her about the debt. That already got you threatened with sanctions.

You may have gotten instructions on how to contest the dischargeability of your debt with the papers the court sent you. If not, you need to call her attorney and ask if she'd be willing to reaffirm. My guess is he'll soak his trousers from laughing so hard.

If she won't reaffirm (and my opinion is she'd be a fool to do so), your only recourse is to file a non-dischargeability petition with the court. In order to win, you'd have to prove she got the loan with no intent to repay (she already made some payments so you can't make that charge stick) or that she lied about her income in order to get the loan, or something along those lines. In other words, you'd have to prove she intended fraud at the time she got the loan.

After the bk discharge, the debtor may pay back anyone they choose. However, the creditor (i.e. you) may not ever talk to her about owing you this debt. It's against the law to try to collect after a debt has been discharged in a bankruptcy, and there are serious penalties.

Sorry for the bad news. It's tough to tell a friend no when they ask for a loan, but I'd sure never loan anyone money unless I was willing to lose it and/or the friendship.

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