Personal Bankruptcy Chapter 7-Getting Exception to Discharge

[sunny1210]

Hello,

I used my credit card to lend my boyfriend $4,000 so he could purchase a car. He made one $650 payment, we then broke up and now he refuses to pay. I filed a suit in the small claims court. He is filing for bankrupcy and told me he'll just include the settlement as part of his debts. I have every reason to believe he never intended to pay me back as he had already paid the attoney for the bankrupcy fees months ago, but every time I asked him when he was going to file he would say "not yet". My questions is, do I have any chances of having his debt to me be classified as non-dischargeable since he acted maliciously? How can I prove this? Any help would be greatly appreciated.

 

[army judge]

Hello,

I used my credit card to lend my boyfriend $4,000 so he could purchase a car. He made one $650 payment, we then broke up and now he refuses to pay. I filed a suit in the small claims court. He is filing for bankrupcy and told me he'll just include the settlement as part of his debts. I have every reason to believe he never intended to pay me back as he had already paid the attoney for the bankrupcy fees months ago, but every time I asked him when he was going to file he would say "not yet". My questions is, do I have any chances of having his debt to me be classified as non-dischargeable since he acted maliciously? How can I prove this? Any help would be greatly appreciated.

You'd have to prove your assertions, and that isn't easy.
From what you've related, you have no proof, just suspicions and doubts.
Besides, what proof do you have that you even made him a loan?

All that aside, you're in Florida.
Florida and Texas are two very debtor friendly states.
Even if you got a judgment in Florida, you'd never collect on it.

 

[despritfreya]

Your potential cause of action is not for "malicious injury" which falls under 11 USC 523(a)(6) it is for "false representation" which falls under 11 USC 523(a)(2).

You can file a Complaint to Determine Dischargeability under 11 USC 523(a)(2) however, as already pointed out, you have an uphill battle. Certainly it would not pay to hire a lawyer to handle the matter.

Personally, you should chuck this up to experience. You are not a bank and now you know why you should not have loaned money. If you loan money to anyone in the future, consider it a gift.

 

[sunny1210]

Your potential cause of action is not for "malicious injury" which falls under 11 USC 523(a)(6) it is for "false representation" which falls under 11 USC 523(a)(2).

You can file a Complaint to Determine Dischargeability under 11 USC 523(a)(2) however, as already pointed out, you have an uphill battle. Certainly it would not pay to hire a lawyer to handle the matter.

Personally, you should chuck this up to experience. You are not a bank and now you know why you should not have loaned money. If you loan money to anyone in the future, consider it a gift.

Thansk for your response. Would I need an attorney to file for the 11 USC 523 (A) (2)? Will documents have to be drafted or is it a form that it's filled out. I apprciate your help as I have no knowledge of the the applicable laws.

 

[despritfreya]

No, you do not need an attorney to file the Complaint however, you would be making a mistake not getting one. That is why I said it is not worth it. The cost of the attorney would exceed the loss you have suffered and you could lose.

If you proceed on your own you must draft and file the appropriate Complaint (it is not just a simple form- you have to outline your cause of action, point by point). The Complaint must be filed by the "deadline to file complaints" which is usually 60 days after the 341 Meeting. Look for the initial notice you received from the Court. It will tell you when the deadline is.

Hope this answers your questions.

 

[bankrupcyus]

RE::Bankruptcy

Chapter 7-straight bankruptcy or liquidation

Chapter 11-reorganization

Chapter 12-family farmers.

Chapter 13-debt adjustment

 

[despritfreya]

While your response is dumb, having NOTHING to do with the post you forgot

Chapter 9: municipalities

Chapter 15: cross-boarder insolvency