QUESTION
If my landlord filed for bankruptcy and refuses to refund my deposit, can I still sue him in small claims court?
Asked on Jul 07th, 2017 on Bankruptcy - Wisconsin
More details to this question:
My landlord used my security deposit to fund his bankruptcy and refuses to give it back to me. I didn't find out about the bankruptcy until after I filed my small claims suit against him. I am not named as a creditor, he never told me he filed bankruptcy.
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If your landlord has more than four units, he was required to put security deposits in a separate bank account and bankruptcy would not release him from his liability. If your landlord filed a Chapter 13 or a Chapter 7 with nonexempt assets, the bankruptcy would no release him from his liability because he didn't list you as a creditor. You should speak with an attorney.
Answered on Sep 25th, 2017 at 6:23 PM
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There is not enough information to answer this question. What type of bankruptcy did the landlord file? When was it filed? When did you learn it was filed?
Answered on Sep 25th, 2017 at 10:59 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can file a Proof of Claim in his case, and you can say that he was supposed to hold your security deposit in trust (if that is true in your municipality). That could render the claim non-dischargeable. Best to consult a skilled bankruptcy lawyer in your locality. Good Luck.
Answered on Sep 24th, 2017 at 8:07 PM