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Can a landlord who was not included in a bankruptcy bring small claim's action against a tenant after the tenant's bankruptcy has been discharged?
Wiki User
∙ 17y ago
If you did not include your landlord in your schedule of unsecured debts, and you owe him, then he can go to small claims court. His being informed of the bankrupcy but not included--does not release you of the debt. Call your attorney and see if he can add the landlord--depending on the amount--it may not be worth it if it is still possible. * Once a bankruptcy has been discharged it cannot be reopened to include debts. It can sometimes be reopened to include non exempt assets of the debtor.
Wiki User
∙ 17y ago
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Can you get a civil judgment removed from your credit report if it was included and discharged in a bankruptcy even if the judgment date is later than the bankruptcy discharge date?
Yes, you can have a civil judgment removed from your credit report if it was included and discharged in a bankruptcy, even if the judgment date is later than the bankruptcy discharge date. You may need to dispute the judgment with the credit reporting agencies and provide proof of the bankruptcy discharge to have it removed from your report.
Can you file bankruptcy on a fraud judgment?
If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.
If you are applying for a job as a sheriff officer will a bankruptcy be held against you?
Only the employing agency can answer this question for you, but probably not, especially if you discharged the bankruptcy according to the bankruptcy referee's instructions.
Will filing a bankruptcy remove a judgment on credit report?
Yes, if it is not a perfected lien against real property and the debt was discharged in the bankruptcy.
Can you file bankruptcy once a judgment is entered against you in the state of Pennsylvania?
Yes, but the judgment may not be discharged in BK without compensation.
Can you file bankrupcty against a judement?
If the judgment was based upon a debt that would be discharged under a Chapter 7 bankruptcy, yes.
Can a judgment be collected from a dissolved corporation?
The judgment would have to be presented to the bankruptcy court. Wow! Who mentioned bankruptcy? This is a money judgment against a admin dissolved corp. If bankruptcy had been filed the judgment, if listed, would be discharged and worthless.
If a judgment was included in a bankruptcy can it be a lien against land purchased ten years later?
In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.
If you can not pay a judgment against you is it better to file a bankruptcy?
Hope you had a lawyer defending you against the judgment suit. You can use one now. Many, if not most judgments will not be discharged in BK.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
Tenant files for chapter7 bankruptcy?
When a tenant files for bankruptcy, this will apply to any money tenant owes. In the case of rents, which is not a form of credit, you still must pay to landlord your rent or face the probability of eviction. If you owe your landlord back rent and declare bankruptcy, then you can include this back rent as part of your debt. Back rent is considered a form of credit, because you owe this money to your landlord and he has continued to grant you the right to stay there. It should be noted that whenever a landlord commences eviction proceedings against a tenant, it is never on the grounds of owing back rent. Your landlord's claims against you in small claims court covers that issue.
Can a landlord sue for damages and back rent after you filed for chapter 7 bankrupcty?
There is nothing procedurally that prohibits the filing of a suit against someone who has delared bankruptcy. The bankruptcy trustee will put that landlord on a waiting list with other creditors. Of course, the practical upshot is that the bankruptcy court may find that the debtor is unable to pay any debt - then, the LL is wasting time.
