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law advice?

Dash

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Apr 6, 2003
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my best friend took out a loan for 200,000 dollars like a lil while ago

and he blew it all

how the fuk did he get a loan that big? you ask?

his credit was amazing, so the bank agreed to it.

and he blew it all on gambling

because he's actually a pretty good poker player. He had professional talent.

and he was planning to double the loan money by wagering it

a legal advisor said
hes fukt basically

he can file bankruptcy

and that will be on his credit for 7 years and most likely hell have to do jail time

can he argue his way out of it? I ask.

The legal advisor said no

I said that my friend says he plans to. wut is his excuse gonna be?

"hes fukt for a long time man if it was 5000 it would be diff." said the legal advisor, "but thats borderline fraud, but i think honestly ur frends gonna get fukt large."

If he goes to that gamblers addiction tho that mifght help him he could plead that he has a gambling problem

"hes going to take gambling therapy." I say.

"Like if u go commit a crime and ur on drugs u can say it was cuz of the drugs. That could be his defense. The legal advisor suggests.

thats what he said might be his defense

He'd need to get on it cuz hes gotta have a long log of that and proof that hes seeking help for that to work.

and then he still has to pay off the 20,000 the rest of his life, right? I ask.
The legal advisor says, "If he files bankruptcy."

Thats what hes going to do." I say,

"he has to have a defense to convince them that he intended to pay back the money cos if they prove he didn't intend to pay back the money - then they can convict him." The legal advisor said. "Or else he'll be found guilty and sentenced with a penalty. A penalty such as jailtime."

"Ever saw a case like this?" I ask.

"No." She said.

"cos my friend said alot of ppl get into these kinds of situations - so he'll get off." I said."Yeah im trying to figure out a way out for him."

So does anyone know a way out for him?
 

pizzaboo

Member
Nov 24, 2005
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Bankrupt

Unless your buddy lied to the bank on what he was going to do with the money he won't go to jail . If he borrowed for personal spending and didn't put up what he was buying as collateral he is OK . What did he put up for collateral and if he lost that also , then he is in trouble . If they didn't ask for collateral and he didn't directly lie to them , go bankrupt give them everything he owns and walk away. I suspect there is more to his story your not telling us.
 

WhaWhaWha

Banned
Aug 17, 2001
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Between a rock and a hard place
I hope your friend enjoyed his trip to the moon. He'll never take another. does he work a decent job? If so he may be able to live marginally while making reparations (payments) on the loan. A pretty good gambler you say? Not if he lost 200 Grand in a short time. That's a pretty bad gambler in most books. Your friend definitely needs to seek gamblers therapy and consult with the credit counselling services of Ontario. They will likely get the lender to halt the accumulation of interest if he surrendurs to a reasonable sttlement and payment plan. He may be able to cut a deal where he's only required to pay back 50 percent of the loan over a five year period. With no interest that's only 20 grand per year or less than 1700 per month. Not a bad deal if he makes a decent enough living and cooperates with the payment schedule. The bureau usually controls your paycheque to ensure you cooperate. And the good news is that his credit rating will be instantly restored once he makes the final payment.
 

fuji

Banned
Jan 31, 2005
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¯\_(ツ)_/¯
is.gd
You know what is happening here? Natural selection. I am pretty sure that even in bankruptcy this guy is still going to have to pay back a good chunk of the cash. They will set his payment plan to be the maximum he can afford and they won't fuck around--they will take a very large chunk of his income for many years to come.
 

A-ROD

I should be banned.
Sep 3, 2005
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HELL
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Your friend is an idiot and will have to pay the consequences. It is these types of things that cause our bank fees to rise and make it harder to obtain legitimate loans.
 

blopar

Active member
Sep 4, 2001
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What do you mean by "legal advisor"?

Was it a lawyer or some unqualified, untrained, poorly educated paralegal wannabe?
 

SilentLeviathan

I am better than you.
Oct 30, 2002
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My sister's freind was sentenced to three months in jail for basically this same thing. She knew she was going to declare bankruptcy so she racked up a ton of debt. The bank and credit card companies accused her of doing it purposely (which she did). I don't know what the actual charge was but she was out of jail within a month.
 

fuji

Banned
Jan 31, 2005
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Interest on $200k ought to be around $1000-1200/month. If he can make payments around $1500/month or more he'll be honestly trying to pay it back and maybe avoid some jail time. If all he can afford is $500/month or something then he really does deserve what's coming to him.
 

sbbohm

Fidel
Sep 7, 2004
30
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pizzaboo said:
Unless your buddy lied to the bank on what he was going to do with the money he won't go to jail . If he borrowed for personal spending and didn't put up what he was buying as collateral he is OK . What did he put up for collateral and if he lost that also , then he is in trouble . If they didn't ask for collateral and he didn't directly lie to them , go bankrupt give them everything he owns and walk away. I suspect there is more to his story your not telling us.
I doubt very much that any of the major banks would loan someone $200K for him to "invest" in his pokerplaying....even if his name was Doyle Brunson. As such, with the limited information we have in this story, I suspect the borrower lied about his intentions for the money or borrowed them from another channel (i.e. organized crime syndicate fronting as a "financing" company)...either way, I suspect that the best advice to offer this guy would be "Don't drop the soap, Big Homey."
 

Hard Idle

Active member
Jan 15, 2005
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North York
blopar said:
What do you mean by "legal advisor"?

Was it a lawyer or some unqualified, untrained, poorly educated paralegal wannabe?
You would be shocked at how poorly informed many legitimate lawyers are when it comes to consumer debt issues. I handled a $30'000 debt issue for a girl I dated because we were so horified by how derelict most of the lawyers seemed. In particularl, they were totally clueless about changes made to the Bankruptcy & Insolvency legislation that year.

I did my own research, we determined Bankruptcy wasn't in her long term interest. I successfully cashed or laundered many of her assets to protect them form collection measures. They had nothing to shoot at, as I got them to accept a year-to-year repayment agreement which screwed them out of alot of money and their lawyers could not find any cracks in the doctored financial disclosure I presented.

Your friend must read up on the latest Bankruptcy laws - it has been very fasionable to add reach-back provisions which allow the creditors to claim future revnue or winfalls even after discharge. I'm not sure if this is the case in Ontario.

If he obtained the loan based on false documentation or for a false purpose, the bank might pile one extra penalties and civil damages. The bank is not required to accept any blame for not doing their due dilligence. I am not at all surprised that he just got the $200K, bad loan officers can do this - they might give the loan for investment purposes, then transfer the money to an investment product that you can withdraw from or borrow against.
 

oldjones

CanBarelyRe Member
Aug 18, 2001
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Basically, the bank lends our money out. If people like your friend—too borderline stupid to be real crooks, but able to hoodwink themselves that they can beat the odds—welch on their debts, then my money and yours has to be made up somehow. One gues who from. Yeah, from the honest people. You and me.

I'm sure you feel your friend's pain, but you should not be helping him weasel out of this. He's a grownup, and if he's not a crook, he has a man's obligation to do what he promised to do. Pay it back.

If he was my friend, I'd say his first problem is that he is sick. That's one hell of a monkey he's carrying, and he shoulda long, long ago have gotten help. Stop abetting his 'pretend treatment', see that he gets real about it.
 

Dash

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Apr 6, 2003
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gilligan said:
An earlier post in this thread pretty much summed it up.
Can you please provide the url for the earlier post that addressed and discussed this particular issue, to which you're indicating?
 
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