QUESTION
What options does a creditor (landlord) have when a person files Chapter 13 bankruptcy?
Asked on Apr 22nd, 2012 on Bankruptcy - Minnesota
More details to this question:
I sued my prior tenant for unpaid rent, and won the judgment in Conciliation court. The tenant has filed Chapter 13 bankruptcy since the judgment. What can I do to keep the judgment from being discharged? Will I be able to collect the money owed?
2 ANSWERS
William/J Joanis
Your debt will be paid to the extent other unsecured creditors are paid. You are at the mercy of what the chapter 13 plan provides and the payments that are made under it. Just make sure you file your proof of claim on time,
Answered on May 23rd, 2012 at 10:37 AM
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
Unless the debt was incurred through fraud or other type of action excepted from discharge in bankruptcy, I don't see on what basis you can object to the discharge of the unpaid rent debt.
You can and should, of course, file a claim in the Chapter 13 case for what is owed to you and you will then receive whatever percentage the unsecured creditors are receiving. You can hire an attorney to review the debtor's plan and object if they aren't contributing the required amount of income, etc. into the plan, but that is usually the Chapter 13 Trustee's job to monitor.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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Answered on Apr 23rd, 2012 at 7:02 PM