I had a judgement from a landflord 3-4 years ago. In the judgement he stated we did some pretty foul things to his apartment when we left. I no I was responsible for the back end of the lease (for leaving early) but we 110% did not damage his property. I knowingly missed the hearing being young and dumb. He went to court with material to dis credit my character but of course did not produce any picture of the so called damage we did. we did not show up so he won. Long story short I have filed bankruptcy and I want to know if this guy is going to have a leg to stand on if he decides to contest the BK. Father of 5 married only income NEED SOME HELP.
2007-06-24 15:06:10 · 5 answers · asked by Omne 2 in Politics & Government ➔ Law & Ethics
You filed for Bankruptcy Chapter 7 you should be ok during and after it is discharge if the landlord continues to hound you will need to send them a certified letter with a copy of the Chapter 7 Discharge and explain to them that they are in violation of Federal Law, also it would be a good ideal to get monthly credit reports for at least a year after the Discharge.
Chapter Seven is a blanket though it would be good that the landlord was included it is not always necessary as long as the dept happen before you filed under chapter 7 protection.
I have this weird feeling that your former Landlord got a judgment and came after your bank account, and you filed for and emergency Bankruptcy under chapter 7, filing was a good thing if you’re serious about getting your credit on the up and up another words paying for stuff, you won’t get your money back for sometime at least three months from the time of the discharge but only if you go after them and explain to them that they are violating a court order by not returning your money. (You have thirty (30) working days to comply) remember this statement for all correspondence to your pain in the neck.
2007-06-24 15:22:43 · answer #1 · answered by america8298 2 · 0⤊ 0⤋
If your landlord got a simple judgment against you, then it's completely dischargable. There are a couple of things he could have done to make it non-dischargable like get a lien on your property or file criminal charges. But if just got a civil judgment, then you're fine and it will be compeletly dischargable.
Oh and don't really worry about anyone contesting the bankrutpcy. Most small creditors don't know what to do when they get petition. I do bankrutpcy work and most creditors don't even bother to file a proof of claim. Your former landlord will probably be so confused by the paperwork he won't do anything.
2007-06-24 15:36:18 · answer #2 · answered by redcinnamon99 2 · 1⤊ 0⤋
Owing a debt through by malice.
Did you take pictures before you left of the cleaned up flat?
Did landlord sign an ok?
Get some credible witnesses together I'm no lawyer talk to legal aid or your BK atty
2007-06-24 15:13:23 · answer #3 · answered by donnie 2 · 0⤊ 0⤋
You have to have declared the landlord's judgement against you when you listed the debts to be discharged in your Chapter 7 filing. If you did, when you get your debts discharged that will be included.
If you haven't (And I suspect you didn't) it'll still be there after the discharge. Call your lawyer. While I suspect that it is, it MAY not be too late to amend your filing.
2007-06-24 15:17:08 · answer #4 · answered by Atavacron 5 · 0⤊ 0⤋
Possibly. He would have to prove that you filed bankruptcy with the purpose of harming him, or sticking him with your debt.
2007-06-24 15:33:35 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋