Is a verbal agreement legal in a bankruptcy case?

[achban]

Someone owes me a lot of money and they have filed for bankruptcy(chapter 13) here in Pennsylvania. I am part of the proceedings and will get about 30 cents on the dollar of what is owed to me for 5 years. The couple filing made a verbal commitment to me (that was witnessed by at least 3 people) that they would continue to pay on the loan after the 5 years until it's paid in full. The law of course says the debt is satisfied after the 5 years. Is their verbal commitment to me enforceable if it would come to that? At least 3 people will testify for me that they heard and were witness to the conversation. Will I win if it goes to court on this basis? Thanks for all answers.

[jabarl]

I don't understand your question.

It sounds like this person has filed a Chapter 13 plan that pays 30% to all unsecured creditors, and you submitted a proof of claim that has been accepted. If so, then if they complete their plan then you'll get 30% of your claim and then the remainder will be discharged - you won't be able to collect on the rest.

A "verbal commitment" to you, made AFTER the bankruptcy was filed, is worth nothing at all unless they received something in return. It would not be enforceable. It wouldn't be enforceable even if in writing - its the same debt as in the bankruptcy and will be discharged upon completion of the plan.

You should not be discussing this debt with these people directly at all if they have an attorney; you should be discussing it only with their attorney, or the Chapter 13 trustee.

[unss94]

IANAL, but two things to remember:

1. Bankruptcy judgments are for the specific purpose of discharging debts. Once the judgment has been satisfied, that ends the debt.

2. Verbal agreements aren't worth the paper they're written on.

IOW, I don't think you're going to win.

[alburt]

you said they said
put it in writing
judge will need to be a Solomon