QUESTION
Do I have a legal right regarding a family member who manipulated me to borrow money and then betrayed me?
Asked on Nov 14th, 2018 on General Practice - Florida
More details to this question:
Family member who I trusted begged me to borrow $16,000 to pay for a surgery not covered by insurance, promising to repay me when she got a settlement from a lawsuit. Family member also encouraged me to move from Colorado to Florida claiming she had cancer and would need my help. I am retired. I consulted with the rest of the family and they said to go but when I got to Florida this family member was involved in another lawsuit and not working although the doctors said she could. She agreed to pay me back for money she borrowed after I got to Florida. However, I discovered she has a prescription drug addiction, horrible mood changes, etc. and moved out when I put my foot down and said "no more". She is also planning to file bankruptcy AFTER she gets her settlements (2 settlements pending). I have been manipulated and betrayed. She owes me $16,000. Please help me, the mental abuse has caused me to seek a professional counselor and he suggested I talk to a lawyer.
1 ANSWER
You are claiming that your relative defrauded you into loaning her money and/or has breached her contract to repay you. You can sue her for your damages. Also, I don't understand how the bankruptcy is relevant, since she can only file bankruptcy if she is insolvent. Thus, if she receives money from lawsuits and can pay her creditors, she is not insolvent and her bankruptcy should be dismissed. If she files before she receives any money, her claims would become property of the bankruptcy estate, and any proceeds used to pay her creditors. If she files after she receives money from the lawsuits (assuming that she is still insolvent), any money she receives would be used to pay her creditors. However, if there is not enough money to pay all creditors in full, you would put yourself in a better position by obtaining a judgment against her (by suing her and winning), rather than simply asserting a claim in the bankruptcy as a general unsecured creditor.
Answered on Nov 15th, 2018 at 11:57 AM