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breach of contract BK?

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    breach of contract BK?

    Hi,
    this is my first post.
    here is my situation:
    I live in TN and am currently being sued for 40k for breach of contract (failure to complete a 3 year contract to work for a nursing agency, i worked for 16 months then quit)

    I am currently involved in the breach of contract issue, as it is in the court system now.

    I have two questions.
    1. can this type of debt be discharged in bk?
    2. if i sign a agreement (outside of the court i.e. settlement, would it be harder to discharge.)

    thanks in advance for any info.

    jd
    filed chapter 7- dec 11, 2008
    341 meeting - jan. 21, 2009
    predischarge Education complete- Jan 28, 2009
    deadline for creditor objections- mar 23, 2009

    #2
    In general, this sort of debt is unsecured and may be discharged.
    A couple of potential issues would be, were you hired under false pretenses-did you inflate your resume sort of thing. Or, were you let go due to reckless or criminal behavor. Did you come to work impared or, steal drugs or something of the sort?
    For sure, sign nothing unless a bk lawyer looks at it first.

    Comment


      #3
      no,

      I was hired as a RN (i moved here from the Phillipines) my former employer paid for my visa and move here) I worked for them as a RN as stated in the original post, and failed to complete several months from the contract. Now they are entitled to recoup all of there expenses, i.e. visa, sign on bonus, lost future wages, etc.... I am not disputing the breach of contract, I am just trying to figure out if it can be discharged in bankruptcy. I am now a RN in another state.
      filed chapter 7- dec 11, 2008
      341 meeting - jan. 21, 2009
      predischarge Education complete- Jan 28, 2009
      deadline for creditor objections- mar 23, 2009

      Comment


        #4
        I'd imagine that this is just routine run of the mill unsecured debt that has the same standing as credit cards or an auto loan deficiency and may be discharged.
        Most bk lawyers give free initial consultations. Talk with a few and see what they say.

        Comment


          #5
          I believe it is dischargeable, however you should consult 3-4 bankruptcy lawyers in your area to make certain.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment

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