Can i sue someone after she has filed bankruptcy chapter 13?

by **hjortur** » Fri Dec 16, 2011 1:36 am

the sad part is, this person is my mother! i don't know very much about law suits, bankruptcies or courts! so my questions is, can i sue my mother because she owes me $25,000. All my family knows i loaned her that money and for proof all i would have would be the sign checks by her(or copies what ever the bank can provide). i tried talking to her about getting paid monthly, but she got offended and im just sick of her excuses! She file bankruptcy ch.13 almost two years ago. I know for a fact she did not put me as a creditor(my name on the debtors worksheet) i should know because i have worked for her for the past 10 years! i would fax docs to her attorney! i asked her why my name wasn't on here...and she was like "you wouldn't sue right? im going to pay you" so now im just frustrated, i see how much money she makes and why hasn't she tried to give me at least half! i waited patiently for 4 years....and today when i asked her if she can pay me monthly...she got so offended and told me...'i'll just file bankruptcy again, do what ever you want" she knows im not familiar with these kind of things! i really need help! i live in california (Merced County). thank you to those that can help me out! i will appreciate every advice given to me.

V

ps. i love you mom but i struggle daily with my two kids alone and you seem to not care. see you in court.

by **delrico** » Fri Dec 16, 2011 1:43 am

Yes you can sue her. Bankruptcy does not make her judgment proof

by **aswynn81** » Fri Dec 16, 2011 1:52 am

If your mom filed Chap. 13 and the bankruptcy has already been discharged (or closed), then yes, you can sue your mom for the money she owes you.

by **tripp** » Fri Dec 16, 2011 2:01 am

If she files for bankruptcy again you'll most likely not get your money. She'll just put you down as someone she owed money to. I'm pretty sure she can't file bankruptcy again if it's only been two years so if you plan on doing it do it now.

Why the hell did i get a thumbs down

by **darrick34** » Fri Dec 16, 2011 2:12 am

Well, if she filed for bankruptcy 2 years ago, she cannot file again for some time. So, that threat to you isn't valid. LOL
I am just trying to think what type of lawsuit you could bring though, because most small claims only go up to 5k.You may not be able to get the entire 25k.

by **gilleabart** » Fri Dec 16, 2011 2:19 am

If she included this debt in her bankruptcy filing, then no you can not sue her.

If she did not AND you have legal proof that she borrowed the money from you, then yes you can sue her.

She can't file bankruptcy again for 6 more years (the law is you have to wait 8 years between filing), so get your proof together and get an attorney.

Honestly, get a free consultation with an attorney next week. A consultation is free and the attorney can tell you what you would need to sue. I don't know if canceled checks are enough. You might need some kind of promissory note or written agreement to pay you back or something. That's why you need to get a free consultation with an attorney.

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