I loaned my ex-boyfriend money. He just declared bankruptcy. Does he legally have to pay me back?

I know ethically speaking, he should, but it wasn't a good break up. I have IOUs from him saying he would pay me back.

If he listed you in the schedule of debts, then no he does not have to pay you back.

I would come out and ask him. Do not mean to sound harsh, but If you have any type of relationship, then you should be able to discuss this and he will want to pay you back.

Submit your bill to the bankruptcy court. If he has assets that are not protected you may get some of your money back.

If he doesn't list your bill on his bankruptcy notification he will still owe you all of it. Good luck.

As this is personal, it is up to you, but I don't see why he should not. Make arrangement for it to be paid but with conditions. Ensure they are kept to. Would be the same thing if we loaned money from a bank. Still have pay it back

While it is possible for you to get paid back, yet it is not very likely. What do you think is the purpose of bankruptcy laws, silly girl?!
When a debtor files for bankruptcy protection, they must provide the court with a list of creditors, along with other detailed financial information. Your ex likely listed your name and how much he owes you on his bankruptcy filing papers. If he just filed, then you should receive notice of the bankruptcy from the court very soon. If you want to maybe get paid back, then you would have to file legal papers with the court, to prove that he owes you money and how much. Bankruptcy law is very complex, and you will almost always need assistance from an attorney who does bankruptcy work. Lawyers are expensive. So if he does not owe you a lot of money, then it is probably not worth pursuing. There are different kinds of bankruptcy, each with different rules. For example, chapter 7 and chapter 13. So, one factor for you to consider would be which kind of bankruptcy chapter he filed for protection under.

Unless that IOU is a signed by a notary public, you are out of luck. Bankruptcy does two very big things: 1) It makes it impossible for him to get a loan 2) It protects from credit card companies, banks, and most definitely you. Loaning money to a boyfriend is never a good idea. If you are woman and your boyfriend has to borrow money from you, then you need a new boyfriend.

no - that debt will be discharged - kiss it and him goodbye....

IF he lists these sums owed to you in his bankruptcy petition they will be discharged just as all other debts. You should determine that you ex has indeed FILED for a bankruptcy award. HE does not declare bankruptcy. Only the court can declare he is bankrupt, this is an award of the court, not his wants. I mention this because many times a person will holler 'BANKRUPT" when they are not, and have no intention to even file for it. Sorry for your losses, best wishes for a better future...

It depends on several issues:

What type of case did he file:

Chapter 13 - You will be paid for some or all of your claim.

Chapter 7 - You may be paid for some of your claim if he has assets the Trustee can liquidate to pay his creditors. If he has no assets for the Trustee to Liquidate you will see nothing.

Chapter 11 - Payments to his creditors will be determined by the Plan and Disclosure Statement (Similar to the way a Chapter 13 is handled). You will need to review the Plan to determine how your class will be treated. "Class" is the term used to group certain types of creditors together in a Plan and Disclosure Statement.

ANOTHER ISSUE IS:
How did you hear about the Case? Did you receive a notice from the Court? If you received a notice from the Court, then you are most likely inlcuded in the Bankruptcy by some means. I suggest contacting an attorney in your area to examine the type and status of his case as well as what your treatment through the Bankruptcy will be and your options as a creditor in his case.

AS FOR THE NOTE:
Is there Collateral? Was the note recorded to "perfect" it?
More than likely, it was a simple I will borrow, I will pay back and was not filed....If this is the case, then you would be an unsecured creditor and would receive the same treatment of all of his other unsecured creditors.

You will want to file your proof of claim with the Court to ensure that you get the full or appropriate pro-rata portion of your claim should there be a disbursement in the case. I would suggest totalling all of the money he owes you and submitting it as one Proof of Claim for the total amount due. Make a copy of any receipts, IOU's, and the Note and attach them to the Proof of Claim to provide backup for the Claim. A lot of times, if you do not provide back up, the Trustee may object to your claim on the basis that there is not substantial backup for the amount owed. I would suggest having an attorney go over your note and IOU's to make sure that you can claim them.

Depending on the amount of the money he owes you and how angry you are at him, you may object to his Discharge. this will cause both you and he money though. I would talk to an attorney to see if it is worth it or if you even have grounds for it.

REMEMBER TO FILE YOUR PROOF OF CLAIM.

Again, I strongly suggest that you talk to an attorney to determine what your rights are. Also, if you want, you can contact his attorney's office and ask them what type of creditor you are listed as, secured or unsecured.

This is a link for a referral for an attorney in your area.
http://www.abanet.org/legalservices/lris/directory/

Also, you can't take him to Small Claims court b/c he is under protection of the Bankruptcy. Also, if he is Discharged from his debt and you are included in his case and that debt, you can not take him to Court afterwards either.

Good luck with this.

if it is in writing that he owes you - you can sue him to get the money - you can take him to small claims court...

Nope. Chapter 11 Bankruptcy nullifies and voids all debts EXCEPT student loans. Friggin colleges. He could be a nice guy and pay you back if he wanted, but there's no legal obligation. May as well kiss it goodbye. (na na na na, na na na na, hey hey hey, kiss it goodbye)

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