My sister filed for bankruptcy and listed me as one of her creditors. She wants to pay me back now. Should I go to the trouble of having a Promissory drawn up for the repayment? Is there a point to doing that? Are there Oregon laws governing this sort of promissory note?
Once you are listed as a creditor on a bankruptcy and the debtor gets a discharge, you are no longer legally entitled to collect the debt. The debt doesn't exist, at least not legally, and if you tried to collect it you would be violating bankruptcy law and subject to penalties.
Your sister can of course opt to pay you back but it would be purely voluntary on her part. Because this would be voluntary, there is no point in drawing up any legal documents to enforce this. All you can do is sit back and wait and see if she does pay you back. Going forward you can refuse to lend her any money in the future and you can dissociate yourself from her socially if that gives you any satisfaction.
Be aware that in order to get a bankruptcy discharge your sister had to provide the court with a budget that left her no excess money that could have been used to pay back her debts, so the act of her coming up with extra money now to pay you back might contradict her sworn statement as to the budget she needed to live on that she filed with the court. (If she came into additional income, then it wouldn't be a problem, such as unexpected overtime pay or a raise that wasn't anticipated.)
In the future if you want to loan money to someone, talk to an attorney about how you might created a secured loan. As a secured creditor you will retain your right to get paid back if the item pledged as security has at least the value of the loan you made. Anything can be used to secure a loan - a car, a house, jewelry, electronics, personal property with significant value. (If personal property is given to secure a loan, then you need to perfect your lien by taking physical possession of the property for the duration of the loan. An attorney can explain how this is done.)
I'm trying to create a "GENERAL LIABILITY RELEASE" document from a template I found in a Legal Advising website.
The parties are:
* A FLORIDIAN Company (The Releasor) which is employing me in the bookkeeping dept.
* ME (The Releasee) who lives in North Carolina and provide services to the Floridian Company.
(I provide most of the services remotely, but I use to come to Florida every 2 months for a few days)
Questions:
1) What state should govern the Document. Florida or NC?
2) According to the template, there is a part that reads:
"....claims, demands, damages....... which I now have or may hereafter have.........."
Is it understood that he is including the Company he represents, or do I have to change it to:
"....which I or the Company I represent had had, have or may hereafter have..."
Note: The Document is being signed by a Director of the Company.
I have a question please I am a licensed contractor that performed a project for a client. About 3/4 of the way though the job he was asking me to do additional work
I explained to him we are only preforming work within the contract as any additional work must be agreed upon with a change order as it state in the contract. Now he will not pay my remaining balance due after completion of the job, also I found out he has posted this on a Google search see below Please help what can be done???
Rick is a thief, plain and simple�.took my money and didn't complete the work, totally unprofessional and worst of all, left me in a bind with a grand opening of a new restaurant patio he was supposed to be the general contractor for and I did all the work. I have to constantly hound him to get on site, poor communication from him and worst off, I now have to go to small claims court to get my monies back that he owes for not finishing the job. Steer clear of this shyster at all costs. He is a lying contractor, and doesn't follow his own contract. Anyone may contact me regarding this low life business.
SS disability
Do I qualifiy for SS disability. I was awarded nonemployable status 9 and a half years ago by the VA. I had both knees replaced 14 years ago. I have dibabiets and PBC liver condition. I will turn 62 next month and I want to know can I get SS disability.
