A debt that was intentionally omitted is not discharged. Go see a lawyer.

Answer Applies to: California
Replied: 8/17/2011

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Did he sign a reaffirmation agreement reaffirming your debt? He was suppose to list ALL of his debts regardless if he intended to repay them. Talk to a bankruptcy attorney.

Answer Applies to: California
Replied: 8/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

I am not sure if he committed bankruptcy fraud since I am not a criminal law attorney but maybe since the definition of bankruptcy fraud is very broad. It sounds like he committed perjury since he signed the petition and schedules under penalty of perjury stating that he was reporting all his debts, income and property which wasn't true and he would not have forgotten such a large debt. I am not sure why people fail to report all their debts, even those to family and friends, since the bankruptcy code allows people to voluntarily pay whatever debts they want after the bankruptcy case is over. Therefore, failing to report a debt just because you intend to pay to repay it makes no sense since it exposes the person to criminal charges and deniel of the discharge. Reaffirmation is an agreement that has to be approved by the Court whereby the person agrees to pay a debt. This is done for secured debts such as a vehicle loan and sometimes a real estate loan. Since your friend did not include the debt to you in his bankruptcy case then that debt could not have been reaffirmed. Also, the court would not reaffirm an unsecured debt which is a debt without collateral like a personal loan (for whatever purpose). I think what you mean is that he promised to pay you after the bankruptcy. That is not a reaffirmation and it is not binding on him anyway because reaffirmations need to be approved by the court and loans from family and friends are treated in bankruptcy the same as any other debt.

Answer Applies to: California
Replied: 8/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

When you file a bankruptcy all assets and debts must be listed. Debts that are not listed are not discharged if there is an asset case. Also, if there was fraud in the debt failure to list a debt might make it nondischargeable. Consult an attorney regarding your rights to have the debt determined to be based on fraud.

Answer Applies to: California
Replied: 8/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Well, a debtor needs to list creditors in a bankruptcy case. You can argue that your debt is still valid because you were not notified by the court. But you need to go to the court and get an order that your debt is still valid so you can collect.

Answer Applies to: California
Replied: 8/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.