i have a friend who owns me 6000 and wont pay me so i told her i was going to file a small claims and she said if i did that she will file bankruptcy

The answer to your question is both yes and no. Yes she may file for bankruptcy and include the $6000 you owe her and if you do not dispute this claim it will be discharged in her bankruptcy. But an experienced bankruptcy lawyer can represent you at the 341 meeting of creditors, which will give you a chance to argue that the debt should not be included within her bankruptcy. Being her friend also puts you in a very unique situation that would allow you to inform the bankruptcy trustee of any assets she may have been hiding from the bankruptcy trustee. You should contact an experience bankruptcy lawyer in the state you live in and have them file a small claims action for you and then argue your case in front of the bankruptcy trustee at the 341 meeting of creditors. At my firm, what we would do in a situation like this is meet with you and go over everything you know about her and I would attempt to discover what assets she would most likely attempt to hide from the bankruptcy trustee. Then I would go on my pacer account in pullout her bankruptcy petition and see if the asset you feel she would attempt to high art even listed on her petition and if they were not we could bring this information to the attention of the bankruptcy trustee. Also if there was circumstances around the claim for the $6000 she owes you that would make it fraudulent for her to include in the discharge, our present that information to the bankruptcy trustee also. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob