by JenJen23 on May 26th, 2005

JenJen23

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An ex-boyfriend owes me over $4000. He currently pays $100/mo. If I go to a lawyer and have his debt repayment "put in writing", will that protect me if he files for bankruptcy?

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  • by Kenda7 on May 28th, 2005

    Kenda7

    From what I have read, the ONLY debt that bankruptcy does not erase is a Student Loan. His debt would be removed just as debt to credit companies or bank loans. Not to mention, a lawyer can write it up for you, but unless the ex-boyfriend signs it - it is just a scrap of paper that you paid far too much for. If the ex is willing to sign a loan agreement, just type it up yourself. . Even a hand written document will hold up in court as long as you include ALL the loan details, dates and payments made. Its his signature that matters, not who wrote it up.

    Comments
    • Excellent point.

      Relsqui

      by Relsqui on June 7th, 2005

    • The document described won't help -- the credit card company had all that and more. Bankruptcy means you don't get paid.

      Aminor

      by Aminor on June 30th, 2005

    • What you said about any document holding up is not true. If your boyfriend has a good lawyer, a "napkin note" will not hold.

      Zack Rabbit Slims

      by Zack Rabbit Slims on November 26th, 2005

    • Well stated...don't need attorney, sign, but notary sig is always good!

      LegalEagles

      by LegalEagles on April 5th, 2006

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