Can an involuntary bankruptcy help me get back properties that I own faster than a foreclosure?

Business 4 views 4 answers
I lent a "friend" a considerable amount of money to buy several houses (that he renting out to others). He stopped paying me months ago and I'd rather not start the whole foreclosure process because it takes forever to conclude. I have been approached by others (who also lent my "friend" money to buy properties) about joining together to file an involuntary bankruptcy against him. They claim that this process is quicker and (if we split the costs) cheaper. I really don't know much about this - is it true that I can my properties back in an involuntary bankruptcy?

Attorney Answers

4
Theodore Araujo ·
It would completely depend on the nature of your claim (secured?) and the amount of other cliams that have a priority on yours. If you get a bankruptcy attorney to review the filing of the involuntary case you may be successful if you can show that the debtor is actually bankrupt. he has to be insolvent. If he has equity in the properties and other assets he may be able to defend against the involuntary bankruptcy. I doubt this method would be faster then a foreclosure.
0 upvotes
Lysbeth Goodman ·
Yes it is possible but there are serious sand traps in this procedure. If you are going to do this, make sure that the first thing is to get a trustee appointed to take possession of the assets, documents, valuables. There is a special bond that is also required. Next, get a credit report on the potential debtor to make sure you meet the requirements of 11 USC 303. Most importantly make sure you have a cast iron case because if you cannot prove the requirements of sec. 303, the petitioning creditors (you) and their attorney have personal liability to the alleged debtor and their (your) personal assets can be seized to compensate the alleged debtor. The involuntary petition is seen as some kind of reverse libel so damages can be assessed if you don't make your case. If you are going to do this, get the best bankruptcy attorney in town and make sure they have done these kinds of cases before.
0 upvotes
Michael Primus ·
I agree with the other comments but wanted to add a couple thoughts. He likely used the money as a down payment on the property or properties. In that scenario there likely a first mortgage and perhaps a second. A mortgage holder has first rights to the property so unless you were given a mortgage things are not looking good. Involuntary bankruptcy is very rare for the reasons stated by others.
0 upvotes

People Also Asked