Tuesday, December 22nd, 2009
Submit a debt into bankruptcy without a contract or document to prove the amount?
Xulu asked:
I was the mediator for a friend to borrow money from my uncle who has his own business, the loan was disclosed using the company’s name. She is now filing BK and has included my name in it, not the name of the person who actually lent her the money (since she has lost any document indicating the name or amount of her debt). Can she submit this debt to be included in bankruptcy without documents indicating the creditor’s name and the amount of the debt? since she is trying to find out what is the name of the person she signed the contract for?
I was the mediator for a friend to borrow money from my uncle who has his own business, the loan was disclosed using the company’s name. She is now filing BK and has included my name in it, not the name of the person who actually lent her the money (since she has lost any document indicating the name or amount of her debt). Can she submit this debt to be included in bankruptcy without documents indicating the creditor’s name and the amount of the debt? since she is trying to find out what is the name of the person she signed the contract for?
December 24th, 2009 at 1:23 pm
Here’s the general principle regarding the BK and debts.
If the creditor is not properly notified of the debtor’s voluntary BK, then that loan (generally speaking) is not dischargeable.
SOOOoooo, if your friend wants the debt discharged, she needs to contact everyone who lays claim to the debt.