What would you like to do?
If you owe back rent can it be added to your bankruptcy claim?
I honestly used this site once, thinking that a professional was answering the questons, so my question still isn't answered. But I do know that it can be added butwould be very hard to get back into any apartment in the future.
You need to consult your bankruptcy attorney for an answer to this. The answer would depend on where you are in the process of the bankruptcy; drawing up the papers, already filed, had a trustee assigned or already discharged.
A rule of thumb is to add ANY account or money owing to your bankruptcy request. The idea is that you want to show the trustee how overwhelming your debt is. Not everything listed is necessarily discharged, and it may be that your present rent will be excluded. Once again, you need to check with your attorney who should be familiar with the allowances and exclusions.
61 people found this useful
Was this answer useful?
Thanks for the feedback!
Claiming Back Taxes in Bankruptcy . Only if they are more than three years old and meet specific requirements. More specifically, yes, taxes may be discharged in bankrup…tcy and are in a suprisingly low claim priority position....I believe 7th. Generally, income taxes for periods more than 2 or 3 years previous are not able to be assessed, being past the Statute of Limitations (however a number of items may extend that statute), and would not need o be claimed.
Answer . \nNo, it would be a nonpriority, unsecured debt.
By filing BK it puts the automatic stay on collection actions in place, which is Major portion of the BK protection...the protection portion in fact...and it means they cannot… try and take the car back, but must do so as part of the BK process. The debt is part of the BK and the asset, the car, is part of the BK....all your assets are used to pay all your debts...and a secured debt, like that on the car, had to be reported in your filing as such (that lender gets first call on the money from the car). If you didn't understand this, and if you filed paperwork with the court and swore to it being accurate and complete,but not understanding everything absolutely completely - you better get some legal help now... The court will drop the case when the sworn statements you provided are found wrong...and you can (and frequently are) prosecuted for it as a fraud or contempt of court. Moreover, if you don't understand these things..you aren't going to get the best result for yourself anyway.
You can take them to court if you have a contract with them. If youwant to keep a good relationship with them, you may just want totalk with them about it.
All debts or obligations and all assets must be included in BK. They are given priorites of payment by the court (a secured loan, as this was originally, has priority to recei…ve the funds from the asset it is secured to before any others). Some debts may not be discharged and some assets may not be used. This would seem to be dischargeable. But understand, you do not file BK on specific things...it includes everything.
Absolutely. They will be handled as part of the process.
Can you claim a vehicle if its been in your possession for years the owner is deceased and owed you money for back rent?
Possibly. 1) You must be able to PROVE the debt, in writing. A written lease will go a long way on proving back rent. 2) The executor of the deceased estate has oversigh…t over all assets and property. That person would have to be notified of the existing of the asset. This can be determined by searching court records if the deceased had a will filed. 3) If the deceased did not have a will filed than you need to contact the court that oversaw the liquidation of their estate, as they would have jurisdiction. If you can prove the debt, if the estate does not have other claims on it (unlikely if years have gone by - but possible) and the court and/or executor is open to the settlement, than it is likely.
No.. No aspect of child support will be discharged or lessend by BK
can you file for a bankruptcy on your house even if you owe back property taxes
Not if the school loan was guaranteed by the US Department of Education, except under strict certain exceptions, like collecting a low social security disability income.
Even if you do not have a written contract you still have a verbal contract if someone has agreed to rent you an apartment for a specific price. Verbal contracts are also enfo…rceable (although not as easily as written contracts, since there may be no concrete evidence about what exactly was agreed). In any event, if you agreed to pay rent, then you do owe the rent that you agreed to pay, contract or no contract.
Generally speaking, yes, but it depends on how severe the hit was to your credit rating.
Yes. In fact, if they're preexisting the taxes should be there already; they're usually considered a "priority" claim. (You can add later taxes , such as property taxes bil…led after filing, to a Chapter 13 case as well.)
Yes, except for a very limited selection of family law cases. However, the attorney will wish death on you, and it would behoove you to use another attorney in the future
I'm no lawyer but... The estate of the deceased tenant should pay any debts before disbursing the money to beneficiaries. The landlord should file a claim against the estate….
File the information with a collections agency, and they will pursue the debt. Most collection agencies will also place the debt on the individual's credit report.
Child support arrears cannot be wiped out by a bankruptcy.