QUESTION
Can my land lord has file felony fraud charges against students who said they were going to pay with financial aid but haven't?
Asked on Jul 15th, 2013 on Bankruptcy - New Jersey
More details to this question:
I'm about to file for chapter 7 and have back due rent. I would normally pay my back due rent with my student loan refund but in November and again in April. I've been hospitalized and now have nearly $45,500 in unpaid medical debt. I've been able to pay rent up until November. This scares me and I wonder if it’s going to hurt my bankruptcy. I have since just recently moved out of the apartment I rented.
7 ANSWERS
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Felonies are statutory and in order for the landlord to prevail he must meet the elements of criminal fraud or theft. Doubtful a prosecutor would pursue what should be a civil matter. Also, you may have damages against the landlord if he files criminal charges against you for a civil matter.
Answered on Jul 23rd, 2013 at 1:30 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Should not hurt your bankruptcy at all. U should be able to get rid of all that rent debt.
Answered on Jul 23rd, 2013 at 1:30 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The landlord can ask the prosecutor to file charges. You will have to list all creditors in your bankruptcy schedules.
Answered on Jul 23rd, 2013 at 1:30 AM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
Yes you can file bankruptcy, no he can't file 'fraud' charges unless you somehow lied to him to get him to rent to you.
Answered on Jul 23rd, 2013 at 1:30 AM
I am not sure how a landlord would take a promise to pay a debt and call that fraud. Unless the landlord has been to lawschool, he is not qualified to make those kinds of judgments. And criminal charges are filed by the police and the public prosecutors. All an individual citizen can do is file a complaint with the police.
Answered on Jul 23rd, 2013 at 1:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney, and I need details, but this sounds like a civil, not criminal matter. If you live in Michigan call my offices with the details and for an appointment to engage our services.
Answered on Jul 23rd, 2013 at 1:30 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Jul 23rd, 2013 at 1:30 AM