tenant bankrupcty (by Kevin [PA]) Nov 18, 2020 11:30 AM|
tenant bankrupcty (by S i d [MO]) Nov 18, 2020 12:05 PM
tenant bankrupcty (by Ken [NY]) Nov 18, 2020 12:14 PM
tenant bankrupcty (by Ray-N-Pa [PA]) Nov 18, 2020 1:03 PM
tenant bankrupcty (by my [GA]) Nov 18, 2020 1:17 PM
tenant bankrupcty (by Kevin [PA]) Nov 18, 2020 1:18 PM
tenant bankrupcty (by my [GA]) Nov 18, 2020 2:42 PM
tenant bankrupcty (by Sisco [MO]) Nov 18, 2020 3:40 PM
tenant bankrupcty (by Nicole [PA]) Nov 18, 2020 10:17 PM
tenant bankrupcty (by Ray-N-Pa [PA]) Nov 20, 2020 5:51 PM
tenant bankrupcty (by pmh [TX]) Nov 20, 2020 6:11 PM
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tenant bankrupcty (by Kevin [PA]) Posted on: Nov 18, 2020 11:30 AM
went to court on Monday and got a judgement and possession for a tenant. He told judge that he started Chapter 7 or whatever already so "good luck getting blood out of a stone" type of lingo. My attorney told me judgements stay in effect with bankruptcy. I"m just wondering if I have any chance of collecting? He's a 1099 Uber driver.
tenant bankrupcty (by S i d [MO]) Posted on: Nov 18, 2020 12:05 PM
SOME judgments stay in effect with bankruptcy. I would ask your attorney to cite the pertinent statute that will keep yours in effect.
Generally, any debt from the following sources is not discharged in BK.
1) Student loans
2) Debt owed to Govt
3) The judgment was from a malicious harm act like a drunk driving accident, money obtained by fraud, assault, etc.
4) Child / spousal support (alimony)
My guess is, unless there's some special rule, that money owed for a rental judgment will be discharged. If not, I'm interested in hearing the pertinent law saying it is not. --107.216.xxx.xxx
tenant bankrupcty (by Ken [NY]) Posted on: Nov 18, 2020 12:14 PM
I agree with Sid,as long as he adds your name to the BK filing you wont be collecting anything.I would be concerned about getting possession back asap otherwise he may be able to stay there and force you to do additional paperwork and time to get him removed --72.231.xxx.xxx
tenant bankrupcty (by Ray-N-Pa [PA]) Posted on: Nov 18, 2020 1:03 PM
If the tenant filed already and you were not named in the protection order, your judgement should be good. Just don't make your judgement of record until after the chapter 7 is discharged....that might be a few months down the line.
To make a judgement a judgement of record in Pa, wait 30 days (or longer) after your CV or LT case is herd and then drop off the paperwork you got from the local DJ from the court case. They will sign the bottom of the form and you can then get it recorded in the county courthouse. Filing it is about $15
You can check the status of the case yourself using PACER. Are you on the east side or west of Pa? There are two bankruptcy court systems in the commonwealth.
tenant bankrupcty (by my [GA]) Posted on: Nov 18, 2020 1:17 PM
find different atty. --99.103.xxx.xxx
tenant bankrupcty (by Kevin [PA]) Posted on: Nov 18, 2020 1:18 PM
Ray i'm basically in Harrisburg. Why do I have to wait 30 days? I thought I could get the judgement signed soon as he leaves or the constable drags him out. --98.237.xx.xx
tenant bankrupcty (by my [GA]) Posted on: Nov 18, 2020 2:42 PM
If you evict someone knowing they are in BK-- you have violated the BK code and will be subject to a 5K fine. Oh and ignorance of the law is no defense.
The BK court trustee is in control.
Second: are you saying the court judge, knowing the person is in BK, allowed it (eviction) to proceed?
tenant bankrupcty (by Sisco [MO]) Posted on: Nov 18, 2020 3:40 PM
He is likely a long time and lots of attorney fees from having his debts discharged. He likely won't follow through with BK.
He isn't garnishible at this time, but give him 4-5 years and he may be. Get your judgement. --67.43.xxx.xxx
tenant bankrupcty (by Nicole [PA]) Posted on: Nov 18, 2020 10:17 PM
several issues here but you seem to be asking if you can collect your judgment. Tenant is correct ... can't get blood out of a stone. That has nothing to do with filing for bankruptcy.
Get your place back, get your judgment whenever you can (not sure but I think you can file off the magistrate's transcript for two years -- you REALLY need to check that timing as I really don't remember), and most importantly, get an attorney who is versed in what you can and can't do if tenant truly filed for bankruptcy.
When you are legally allowed to proceed, perhaps levying on his vehicle might make him amenable to paying you ... or not ... depends on his mind set. --72.70.xxx.xxx
tenant bankrupcty (by Ray-N-Pa [PA]) Posted on: Nov 20, 2020 5:51 PM
After the initial court hearing with the DJ, you have a judgement. It becomes a recordable judgement of record after the 30 days appeal have passed and the same DJ signs off that this is a valid judgement that you can -at that point take to the court house for recording.
At that time if they sell anything with a title, you are permitted to get paid. Typically you do with a real estate sale, but if your yahoo just filed BK, I doubt he has too much. --24.101.xxx.xx
tenant bankrupcty (by pmh [TX]) Posted on: Nov 20, 2020 6:11 PM
you can evict post filing if rents not paid post. bankruptcy does not stop post filing obligations. just stops you collecting on pre filing $ owed. --72.180.xx.xxx
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