QUESTION
What can I do if my husband won't pay me back for money I gave him during his bankruptcy?
Asked on Aug 25th, 2011 on Bankruptcy - California
More details to this question:
I have a single premium policy in my name solely for the purpose of inheritance. My husband filed bankruptcy a few months ago and I had to pay off a $300,000 line of credit at the bank. He recently closed a huge deal and refuses to pay me back any of that money. What can I do?
5 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you give money to someone there is no requirement to pay it back. This is in the absence of an agreement to do so.
Answered on Aug 26th, 2011 at 8:48 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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This question gives insufficient information. Was the line of credit yours alone, or was it joint, or his alone? If his or joint it was discharged in his bankruptcy and he has no obligation. Beyond that, you may need to talk to a family counselor. But the money issue is done.
Answered on Aug 26th, 2011 at 12:22 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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If he discharged the debt in his bankruptcy you are enjoined from collection from him. There are exceptions. I am happy to discuss these issues with you. Please call to schedule a free consultation.
Answered on Aug 26th, 2011 at 10:54 AM
Glen Edward Ashman
If you are married to him, you made a gift. You cannot sue a spouse unless you divorce. If you file a divorce, that gift may affect how the case is decided. Discuss that with your lawyer.
Answered on Aug 26th, 2011 at 5:38 AM
The answer would depend on numerous factors which includes the bankruptcy petition itself, the agreement between you and your husband, etc. It would be best to speak with a local attorney who handles both bankruptcy and civil litigation. Good luck!
Answered on Aug 25th, 2011 at 6:52 PM