 Tenant Bankruptcy (by Ray [NJ]) Mar 8, 2010 6:05 AM
 Tenant Bankruptcy (by James [MA]) Mar 8, 2010 6:12 AM
Tenant Bankruptcy (by IN [IN]) Mar 8, 2010 6:15 AM
Tenant Bankruptcy (by ray [NJ]) Mar 8, 2010 6:17 AM
Tenant Bankruptcy (by James [MA]) Mar 8, 2010 6:49 AM
Tenant Bankruptcy (by Getty [GA]) Mar 8, 2010 6:57 AM
Tenant Bankruptcy (by Josh [CA]) Mar 8, 2010 7:40 AM
Tenant Bankruptcy (by TenantWhisperer [MA]) Mar 8, 2010 8:32 AM
Tenant Bankruptcy (by Getty [GA]) Mar 8, 2010 11:10 AM
Tenant Bankruptcy (by paul [WI]) Mar 8, 2010 2:05 PM
Tenant Bankruptcy (by Ray [NJ]) Posted on: Mar 8, 2010 6:05 AM
Message:
State Specific Question About: NEW JERSEY (NJ)
Tenant declared Chapter 13 in 2009 but kept paying me rent and was current when she left my apartment in Feb 2010. Although there were damages to the apartment that were over and above her security deposit. I sent her the itemized security breakdown(required by law)which showed that she owned me money. Now her attorney suggests that I am in contempt of bankruptcy court. Any thoughts on the matter? Thanks. --96.234.x.xx |
Tenant Bankruptcy (by James [MA]) Posted on: Mar 8, 2010 6:12 AM
Message:
Creditors aren't allowed to contact debtors in BK. --70.22.xxx.xxx |
Tenant Bankruptcy (by IN [IN]) Posted on: Mar 8, 2010 6:15 AM
Message:
Unless you were named in the case you are not in contempt, and have the right to ask for payment, since she was paying you.
So she may have the problem, not presenting all the facts to the court. --67.163.xx.xx |
Tenant Bankruptcy (by ray [NJ]) Posted on: Mar 8, 2010 6:17 AM
Message:
What law trumps the bankruptcy law or landlord tenant law? I have to sent the security deposit showing deductions within 30 days of tenant vacating. --96.234.x.xx |
Tenant Bankruptcy (by James [MA]) Posted on: Mar 8, 2010 6:49 AM
Message:
You should have sent the accounting to the BK trustee and put a demand on the BK estate, not the tenant. --70.22.xxx.xxx |
Tenant Bankruptcy (by Getty [GA]) Posted on: Mar 8, 2010 6:57 AM
Message:
Bankruptcy law will take precedence over landlord tenant law in most cases. Based on what you've described, I see no "contempt of bankruptcy court" as long as you did not send the tenant a bill or a demand for money above and beyond what the security deposit has paid. What the attorney really means is that by attempting collection activity, you are violating the automatic stay in which all debtors are protected by once a case is filed.
What it will come down to in your case is the type of debt that the tenant owes you. There is pre-petition debt which is owed prior to the commencement of the case and there is post-petition debt which is incurred after the commencement of the case. The cases in which post-petition debt can be included in the bankruptcy are few and far.
Since the tenant continued living in your rental property and did not reject the lease agreement through the bankruptcy, any debt owed to you after the filing of the bankruptcy and after the time period to reject the lease lapses is current debt that is owed and not protected by the bankruptcy.
With that said, do be aware that bankruptcy does afford a certain protection to a debtor. Debtors are protected by an automatic stay which goes into place which prevents collection activity, lawsuits, most garnishments, repossessions, etc. While your debt cannot be included in the tenant's bankruptcy for discharge, you may not actively collect from the tenant at this point in time either.
You have two options. Option one is that you may wait for the tenant's bankruptcy to either discharge or dismiss and at that point you can start collection activity for your post-petition debt or option 2 is that you may file a post-petition claim with the tenant's bankruptcy trustee. Option one is certainly the easiest and cheapest vs. option two in which you'll most likely need an attorney.
--99.4.xxx.xxx |
Tenant Bankruptcy (by Josh [CA]) Posted on: Mar 8, 2010 7:40 AM
Message:
I don't know BK law and how it applies to LL/TT contracts at all. I would think if you were not included in the BK that you go about business as usual like you did.
What happens if the tenant never tells you nor her lawyer notifies you that she has filed BK?
You find out when you mail in the SD accounting and this is your 1st time hearing about the BK. Are you still on the hook.
--24.176.xxx.xx |
Tenant Bankruptcy (by TenantWhisperer [MA]) Posted on: Mar 8, 2010 8:32 AM
Message:
Tenant FILED in 2009. Was it ever granted or is it still in process. --199.46.xxx.xxx |
Tenant Bankruptcy (by Getty [GA]) Posted on: Mar 8, 2010 11:10 AM
Message:
The tenant filed Chapter 13 in 2009. Chapter 13 takes three to five years to complete. --99.4.xxx.xxx |
Tenant Bankruptcy (by paul [WI]) Posted on: Mar 8, 2010 2:05 PM
Message:
chapter 13 is a repayment program, any new debt that is occurred after the the filing is valid, provided that you notify the trustee, you should have documents on how to go about this at time of bankrupty, if you were excluded from this, then you are not part of the bankrupty, it would be very interesting to see where the money came from for the tenants new place and security deposit. the trustee might want to know about this? --216.55.xxx.xxx |
Reply:
|
|