QUESTION

I Recieved a personal loan from a friend and agreed to pay back 100 per pay check untill debt was settled. She's threating to take me to small claims

Asked on Oct 31st, 2012 on Bankruptcy - Pennsylvania
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Court. Because its not getting paid up fast enough for her. What are my rights and would the personal loan with her go away if I filed for personal bankrupcy.?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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Most unsecured debts are dischargeable in a bankruptcy case.    There are, however, exceptions. The following debts are SOME of those not dischargeable in a bankruptcy case: 1. Debts incurred by fraud or false pretenses;2. Debts incurred by a false statement in writing (such as false credit application)3. Debts incurred by embezzlement or larceny;4. Spousal support or child support obligations5. Debts incurred by willful AND malicious injury6. Debts resulting from death or personal injury by debtor operating a motor vehicle while intoxicated. 7. Criminal fines and restitution. 8. Marital Equalization obligations (Ch. 7 only--these may be discharged in a Ch. 13). 9. Income taxes for tax years less than 3 years ago 10. Fines and penalties owed to a governmental unit.11. Student Loans (unless you can prove "undue hardship" A "personal loan" is simply an unsecured debt like any other debt.  Unless the debt was incurred through fraud or one of the other listed elements above, it would most likely be dischargeable. The only way to be sure is to have a consultation with an experienced bankruptcy attorney in your area. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Oct 31st, 2012 at 4:42 PM

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