Can a promissory note loan be discharged in bankruptcy? 13 Answers as of June 10, 2013

I married my husband before the sale of my home that I had for 12 years. I met him when my house was for sale and married him after the sale of my home. It was my separate property and he sign paper work that states that. After marrying he borrowed a large chunk of money and wrote me a promissory note for the loan. We are separated, not legally and he said he filed bankruptcy on the loan I gave to him. Can he do that?

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If the loan is not secured, it is quite likely that it has been discharged in bankruptcy.
Answer Applies to: Indiana
Replied: 5/12/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You should fight it. Also look into family court to see if you can recover any money in the divorce decree for that loan. A divorce decree will trump the bankruptcy court and he could remain liable for that debt. You need an attorney.
Answer Applies to: California
Replied: 5/11/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A promissory note, unless incurred by fraud or misrepresentation, is dischargeable in bankruptcy. If the note is secured by real estate the security interest survives the bankruptcy.
Answer Applies to: California
Replied: 5/11/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Yes. The loan you describe is a dischargeable debt. That said, you may be able to get reimbursement through the family law court through an unequal distribution of community assets. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/11/2011
Bankruptcy Law Office of Robert Weed
Bankruptcy Law Office of Robert Weed | Robert Weed
Yes he can. Did you get notice from the bankruptcy court, or did he just "say" it?
Answer Applies to: Virginia
Replied: 5/10/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    A promissory note can be discharged as long as there was no collateral on the loan, that is, as long as nothing was pledged as collateral for the loan. If the note was standing alone without any form of security attached, ( eg house, car , etc), then your husband sure can discharge the debt in a bankruptcy.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, you made him a personal loan with your separate funds and he can discharge that debt as any other personal loan.
    Answer Applies to: California
    Replied: 5/10/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, he can do that.... unless the debt was included in a judgment of dissolution or legal separation and was "in the nature of support." Sounds like you are out of luck on this.
    Answer Applies to: California
    Replied: 5/10/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Unless your can prove the loan was obtained through fraud, yes he can. However, he first needed to list you as a creditor and you should have been been sent a notice of the bankruptcy. Either he didn't file bankruptcy or your debt may not be discharged as he did not list you as a creditor.
    Answer Applies to: California
    Replied: 5/10/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Absolutely. Of course this may be something you can use to alter the amounts he has to give you in alimony/maintenance or support through the divorce.
    Answer Applies to: California
    Replied: 5/10/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 6/10/2013
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Personal Loans are dischargeable in BK.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Unfortunately, he can discharge the loan you gave to him. However, you may have an ownership claim in whatever property (real estate or personal property) he bought with the money loaned to him. You should speak with a family law attorney to discuss the community property issues in your case.
    Answer Applies to: Arizona
    Replied: 5/10/2011
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