Quote:
Originally Posted by Gzesh
So, after he told OP it seems ...
btw, did he name all his creditors, like OP, in his filing ?
Chance is NOT listed as a creditor.
However, the way the bk law works is that if it is a no asset Ch 7 bankruptcy case such as this (no non-exempt assets that can be liquidated), it does not matter if a specific creditor is unintentionally omitted. The debt will still be discharged and the bankrupt will no longer be legally obligated to repay that debt, unless the specific creditor had a legal basis to object to the discharge (such as debt incurred by fraud) and could not timely do so due to the lack of notice of the bankruptcy.
In this case, the deadline to object to the discharge of the debt based on fraud is July 22, 2019. This might also explain why Josh recently told Chance that he always intended to pay him back (thus, no fraud).
After the bk discharge, repayment of the debt would simply be optional since it can no longer be legally enforced.
I will say that this mostly looks like someone who is simply having some financial difficulties at this time and not much more. That is life - does not
make someone a bad person. This does not look anywhere to me to be like the clusterf*ck that was and is EDOG, who among other things got some really bad bankruptcy legal advice (twice failed bk filings, once in San Diego and a second time in Las Vegas) and is left with many unresolved tax and legal problems.
He is young. Perhaps a change in professions to something with more stable income and less variance would be the best outcome and decision for Josh.