What the H**L do I do Now??

[huk]

What is the name of your state?What is the name of your state? Ohio

Last spring(2004) some friends of mine and I had my crack head roomate thrown in jail to save his life. He would just not sober up, it was the only way to help him. He was there 4 mo......During that time I had power of attorney. Over the course of the summer I charged $3600.00 to 1 of his credit cards (some household things, some personal) The details of my administration of the household or POA were never discussed as the cops surprised him and POOOF!, off he went. At this time I knew bankruptcy was a definate option for him because he virtually lived on plastic to support his habit. As far as the 3600.00 went, I figured when he got out we'd settle up, and I didn't get to shook up over it. Upon his release he threatened to have me prosecuted for it. I had NO IDEA it would cause such a broo-ha-ha....I signed a letter of my indebtedness to him(i know, i know)...stating I would give him 25% of my income until the debt was paid......He then turns around, files a chapter #7 ( has since been discharged)....DOES NOT claim me as an asset, and still threatens prosecution, and still wants the $3600.00...
Did he commit a crime by not claiming me as an asset?
What do I do?

Sorry! I originally posted this in the law section and realized it was in the wrong place.........................HELP!!
THANK YOU

 

[huk]

I bumped this in a 2nd request for help, thank you

 

[ENASNI]

letter ..,

The chapter 7 had the credit card included ?

 

[huk]

yes it did!

 

[ENASNI]

Um

So the credit card you used to incur 3600.00 was included in the bankruptcy, and it was discharged... he no longer owes this debt to the cc company...why would you owe him the money.. Its like he is getting paid for, gee... I don't know... being a crack head loser...

Someone else might post here... I am not sure about the validity of the letter of indebtedness you have...

I also cannot spell today and don't feel like checking my work...

 

[huk]

thank you, My ultimate question is due to my indebtedness to him, he did not claim me as an asset, is this a fraudulent filing/ or a crime??

 

[Ezlpo]

Sounds like he is trying to commit fraud. Threaten to tell the trustee in which the whole bankruptcy could be overturned and dismissed because of fraud. That should straighten him out.

He knows what he is trying to do is wrong. It shouldn't be a hard sell for you to get him to tear up that IOU.

Tell him that you are OK with a judge to decide the issue. The judge will be interested in the failure to note your IOU as a asset. Your crack head buddy will not want to tell a judge what he is doing.

Although I have seen some really dumb people on those TV court shows.

 

[huk]

yes, but has he committed a crime?

 

[ENASNI]

Okay

I am gonna to bump this up... because I want an answer too.

I am not understanding why you would have to pay the 3600.00 if it was discharged off in a bankruptcy...a chapter 7.

He does not owe it to anyone now. Why would you owe it to him
It was not the only thing he owed, correct... so you are not responsible for all of his credit woes.

Are you more worried about owing him the money... or getting him in trouble.

I don't understand this letter of indebtedness either... is it a legal document, done through the same lawyers that did the POA when he was in trouble?

Why not ask them anyway?

There are some real smart ladies and gentlemen on this section of the forum about debts and credit... hopefully this bump will get a response.
who knows though... they be busy boys and girls...

 

[huk]

What I want to be able to do is to call it a wash. If he committed a crime by not claiming me as an asset, then I can say "Look I know you committed a crime,so let's just call it a day and forget the whole thing like gentleman"...but I don't want to play my hand until I know I've got a hand to play to begin with.

 

[ENASNI]

I fold Huk

I am so sorry, I have no hand to play here.
Again... maybe someone else will dive in here, but I still confused.
How could he claim you as an asset and the charge card as a debt?
Isn't that some kind of conflict of interest?, or is that what you are getting at.
I am better at the real estate forum

good luck..
but at least I bumped this up again...

 

[spoiler]

Hmm...sounds to me like he is in violation of his own automatic stay! This money can not be collected on by anyone....including himself! Just tell him if he tries to collect the debt from you, You in turn could sue him in bankruptcy court and he would be out $1,000. Seriously there is NO WAY he could get any of that money from you. He probably knows it too. You have plenty of hands to play here. Tell him 1. You could sue him for violation of the automatic stay 2. You could tell his trustee that he has commited fraud by not listing you as income and get his bankruptcy desmissed or 3. let him take you to court, and he will get laughed at by everyone hearing his case, and will then be out money for fileing a law suite.
If he still threatens you...then let him sue you! HE WON"T GET A PENNY!!

 

[huk]

Any lawyers out there??

 

[Let the DJ try]

Bought on stolen wine
A nod was the first step
You knew very well
What was coming next

Bought on stolen wine
A nod was the first step
You knew very well
What was coming next


Did I really walk all this way
Just to hear you say :
"Oh, I don't want to go out tonight" ?
"Oh, I don't want to go out tonight"

Oh, but you will
For you must






I don't owe you anything, no
But you owe me something
Repay me now


You should never go to them
Let them come to you
Just like I do
Just like I do


You should not go to them
Let them come to you
Just like I do
Just like I do


Did I really walk all this way
Just to hear you say :
"Oh, I don't want to go out tonight" ?
"Oh, I don't want to go out tonight"

But you will
For you must


I don't owe you anything, no
But you owe me something
Repay me now


Too freely on your lips
Words prematurely sad
Oh, but I know what will make you smile tonight


Life is never kind
Life is never kind
Oh, but I know what will make you smile tonight

 

[SinkingFast]

No lawyer here (sorry). Just wanted to add something that occurred to me as I was reading the posts.

If you are able to convince your c.h. "friend" that he would end up the loser should he pursue trying to collect on the IOU, I (personally) wouldn't settle for him tearing up the IOU...I'd have HIM sign a statement saying he is releasing you from that agreement/amount. Is there anyone (a professional) you know that could advise you without them also being bound to report what you tell them?

My $0.02 worth.
Good luck to you
Paranoid and SF