Legal advice needed

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  #41  
Old 01-27-07, 03:53 PM
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Join Date: Sep 2004
Posts: 155
There's no need to suggest how I post. Granted, a moderator can do that, and I will defer. I don't believe I did anything to try to stir the pot with you. If you read back the posts in order, I think it was you who stirred the pot. All I did was point out some things, and each time I did, it raised some "challenge" in your head. This was simply the guy asking advice. You took it to a whole new level.

Then, when things come to a head, you tell me you suggest I refrain from posting. My suggestion is we do what we want with regard to posting. You use whatever diplomacy you wish, and I will do the same. I think I was very diplomatic and not condescending. On the other hand, you were "surprised" (or whatever term you used) that I, as an attorney, would not be more careful rendering advice.

What response did you expect to get by that comment, anyway? It seemed a little harsh (not to mention wrong), don't you think? I have to say, it was rather gutsy for a non-lawyer to advise a lawyer on how to render advice, so I admire your tenacity. You'd make formidable prosecutor, for sure!

Anyway, I am sorry I gave all that bad advice to the original poster. He doesn't need to know more to judge his brother. He is better off accusing his brother of being a crook and disowning him.
 
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  #42  
Old 01-27-07, 05:10 PM
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Okay boys, you've both had your say. Please confine any additional posts to the actual topic.
 
  #43  
Old 01-28-07, 06:11 AM
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Join Date: Sep 2004
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It was all in jest, and there are no hard feelings at all. There never were. And I will add that nap's advice was still very good. We just disagreed on being able to ascertain the guilt of the brother.
 

Last edited by Jeff Matthews; 01-28-07 at 06:48 AM.
  #44  
Old 01-28-07, 10:18 AM
Join Date: Oct 2006
Posts: 8
do you boys still get paid by the word? Just joking. I just wanted to say that a lot of people think that once they have gone in to talk with an attorney, and given him some money, they instantly have a case filed. (in this case a bankruptcy case, cuz I work for bankruptcy attorneys remember?) It seems to be a common misconception. And as we all know, attorneys almost always give the worst case scenarios so anything that happens that is not the worst, is good or even great, right? LOL

The worst that could happen to the original poster, IF his brother files bankruptcy is that he would have to give the court the loan repayment of $2500. He is not, or would not be responsible for the entire $30k. And I doubt the trustee is going to collect $2500 to help pay back $30k in credit card debt.
 
  #45  
Old 03-11-07, 05:27 PM
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Join Date: Mar 2007
Posts: 75
loan legal advice

I have not read any of the comments preceding mine. But for what it is worth.

There are a couple of issues here.

First is, was this a gift or a loan. In order for it to be a gift under common law, you must have had "donative intent" meaning you intended it to be a gift. Futher, your brother would have had to "accepted" the gift, which arguably may have been what he thought it was.

On the other hand, by virtue of the fact your wrote "loan" on the memo line does not necessarily make it so.

Second, as long as you did not sign anything saying you would be held responsible for your brother's debts, there is no way a creditor can win in a suit against you. Futher I can think of several defenses that also would styme (sp?) any attempt to collect your brother's debts from you. You would have had to "guarantee" or otherwise affirmed the debt in writing to be held accountable. Given the facts, as scant as they are, you owe nothing.
BTW, if you were to get sued, you might be able to be awarded your attorney fees for having to defend such a frivolous suit. Check you state laws.

Finally, if your brother listed you as a creditor on his bankruptcie papers, your "debt" would be flushed in the bankruptcy (depending on which chapter of the Bankruptcy Code he filed under). You of course would have the right to dispute any characterization your brother or his bankruptcy lawyer tried to spin it as.

Good Luck!
 
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