What do about a personal loan and bankruptcy?

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What do about a personal loan and bankruptcy?

I wrote a letter to a friend who filed bankruptcy saying that I loaned him $5,000 and that he repaid the loan. I then got a letter from his lawyer telling me that I have to appear in court and repay my friend his money. What should I do?

Asked on January 5, 2012 under Bankruptcy Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When someone files bankruptcy, certain transactions that they engaged in may be "set aside" if it appears that they were preferential--treated one creditor better than others--or were fraudulent--that is, they were not bona fide transactions, but instead were specifically for the purpose of trying to hide assets. For example, paying money to a friend, business partner or spouse shortly before a bankruptcy is often a way to try to hide money from legitimate creditors; the friend, partner, or spouse either is not really paid the money, or will return it later, or there was no actual legitimate debt for the money in the first  place, etc.

From what you write, it appears that you are in a situation where either they expect you to return the $5,000 on the grounds it was a preferential or fraudulent transaction; or you will have to admit you lied about the loan and receiving it (if you did lie; it is difficult to understand exactly what occured from what you wrote), in which case you could face other liability, including potentially criminal liability. This would appear to be a case where, faced with significant possible liability, you should retain an attorney to advise and represent you, and you should not say anything to anyone until you speak with your laywer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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