Former Tenant Bankruptcy

Before my former tenant moved out and broke the lease, he stated he was going to file bankruptcy and would be divorcing. He and wifey owe me for last month's rent, and damages to the tune of $975 taking into consideration his SD. Not huge but still. Anyway, I don't want to end up on their discharged creditors list if possible. The deadline to send out the notification re SD status is 14 days which brings me to 12/3 to send out by certified mail.

I got a PACER acct just out of curiosity. Not sure if any of you are legal eagles out there but how up to date is the database? I did a name search on them and they did not show up. I think they are actually filing the big B and divorcing, however with the court back ups do to C19, I wonder about timing??!!

Any thoughts?

--72.231.xxx.xx

Former Tenant Bankruptcy (by Oregon Woodsmoke [ID]) Posted on: Dec 1, 2020 9:56 AM
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I don't think you can stay off the discharged creditors list by keeping quiet. The tenant himself, lists everyone he owes money to, and he is unlikely to forget about you. --76.178.xx.xx

Former Tenant Bankruptcy (by MAP [NY]) Posted on: Dec 1, 2020 10:03 AM
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That's what I feared. One of his last texts was "you can go after me if you want." --72.231.xxx.xx

Former Tenant Bankruptcy (by razorback_tim [AR]) Posted on: Dec 1, 2020 10:36 AM
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Proceed as normal up until the time BK is filed.

If they are getting divorced, it is possible that one would file BK and one would not.

If chapter 7 is filed, you will not be able to collect any money from whomever files BK.

If chapter 13 is filed, file a proof of claim and you may or may not get paid some from the trustee over time.

If only one files, you can still pursue collection from the other one. --98.174.xxx.xxx

Former Tenant Bankruptcy (by plenty [MO]) Posted on: Dec 1, 2020 11:27 AM
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you wrote: he stated he was going to file bankruptcy and would be divorcing

HE LIES --- REMEMBER ---THIS IS THE SAME GUY WHO SIGNED A LEASE WITH YOU AND THEN BROKE IT?

File your papers, make your accounting, take your pictures and prepare to follow thru. Run your business. --172.58.xx.xxx

Former Tenant Bankruptcy (by Nicole [PA]) Posted on: Dec 1, 2020 11:50 AM
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Send your breakdown today or tomorrow. Don't wait until the last day.

As to he IS going to file for divorce and he IS going to file bankruptcy, not your problem. Divorce means nothing to your situation. Bankruptcy only matters when you get the notice from the court. No reason to keep looking. Your debt is your debt and it's due now - doesn't matter if/when he files. I'd guess the court on line system is real time or perhaps next day - I'd guess everything if filed electronically. --72.70.xxx.xxx

Former Tenant Bankruptcy (by FloridaNative [FL]) Posted on: Dec 1, 2020 12:14 PM
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Agree with the consensus above. Make sure you send the SD notification properly and timely.

To answer your direct question: PACER is up to date. Pacer is the public access to federal court document filings all across the US. Can't get any more up to date than PACER. --99.56.xx.xx

Former Tenant Bankruptcy (by Robert J [CA]) Posted on: Dec 1, 2020 1:15 PM
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When I've had to evict a tenant for non-payment of rent, I've convert my eviction judgement for a Money Judgement but wait 6 months before I'll file it. Why, because in California a tenant has six months to contest a judgement, after then they can not appeal a verdict.

Since my tenants are out and they don't hear from me, they often FORGET to include me as a creditor and therefore I'm NOT included in their bankruptcy. Then after the case is over, I'll make my collections...Can't go bankrupted twice within 7 years.. --47.155.xx.xxx

Former Tenant Bankruptcy (by myob [GA]) Posted on: Dec 1, 2020 2:59 PM
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all great advice. ALWAYS G AFTER THE JUDGEMENT. Always include your 25% collection and per annum interest of 15%.

I've been at this for 35 years and any tenant who declares BK they have not had to pay us--- you are a none LIEN hold. Figure it this way-- if there's a title or deed you have a chance-- a court judgment-- forget. BUT BUT Don't forget it. Here's why! The court will instruct (trustee) that the debtor pay this and that. Should they no follow the BK court-- they are kicked off the BK plan.. Now your in the game AGAIN. They have no protection from you.

In your case: 1000.00 plus 250.00 collection plus court fees plus 15% interest. That small amount in 5 years or 8 years will be worth 6000.00.

again declaring BK is not free. so a 975.00 debt is much less then the cost of BK. --99.103.xxx.xxx

Former Tenant Bankruptcy (by MAP [NY]) Posted on: Dec 1, 2020 3:03 PM
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@ by myob

Doubt we can do that here in the wonderful militantly pro tenant state of NY. He has a new truck loan so probably hopes to get out of that through BK. I'm sure he will just pop in the amount that he owes me via BK. --72.231.xxx.xx

Former Tenant Bankruptcy (by myob [GA]) Posted on: Dec 1, 2020 3:22 PM
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MAP-- BK is federal not state. Same allover the country-- as in same rules-- no state by state laws.

Keep moving forward until notified by the BK court that they are in the process of BK-- not just because they said so.

Maybe he will declare and she won't????

You say new truck and get out of ??? get out of what-- he'll be told to keep making payments or surrender the truck to the dealer/lender. --99.103.xxx.xxx

Former Tenant Bankruptcy (by MAP [NY]) Posted on: Dec 1, 2020 3:44 PM
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@by myob

He might recertify the truck or let it go back to the bank.

is there a way to private message on this forum? --72.231.xxx.xx

Former Tenant Bankruptcy (by Nicole [PA]) Posted on: Dec 1, 2020 3:58 PM
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...I'm NOT included in their bankruptcy. Then after the case is over, I'll make my collections...Can't go bankrupted twice within 7 years.. ...

In chapter 7, I believe that is a common misconception (perhaps it used to be that way). No idea about the other chapters. The court assumes that if the debt was listed, there was no money to pay it so it would be discharged. Therefore, even if brought up later, it gets discharged. --72.70.xxx.xxx

Former Tenant Bankruptcy (by Ken [NY]) Posted on: Dec 1, 2020 4:53 PM
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MAP,I dont understand how myob just adds 25% for collection,you wont be doing that here,in NY we get 9% interest --72.231.xxx.xxx

Former Tenant Bankruptcy (by Ray-N-Pa [PA]) Posted on: Dec 1, 2020 6:10 PM
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They are not on PACER because they have not filed yet. So you might be named soon.

You might want to wait before filing that judgment - give it a couple of months.....you know after Christmas. Your tenants may want to rack up debt and then file afterwards. As soon as they file, then you should file the judgment.

If you are named - it will get wiped out, so there is no need to remind them to include you as a creditor --24.101.xxx.xx

Former Tenant Bankruptcy (by Carl [MA]) Posted on: Dec 2, 2020 3:14 PM
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An old trick is that some lawyers (of course for a fee) will FILE for bankruptcy and let the creditors get a notice that they did that,...but never close on it,..never really do the bankruptcy,..most creditors give up on the issue and the lawyers client wins,.. --96.236.xxx.xx

Former Tenant Bankruptcy (by myob [GA]) Posted on: Dec 3, 2020 9:19 AM
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Ken NY can't do that in NY or haven't tried?

Collection companies get 33% or more for collecting your money. Since we have our own company for collections we only charge 25%-- not 30 plus%. So it's in the lease. So is the 15%-- which is fair but as with everything it can be adjusted. It is unsecured debt/loan so 15% is what we settled on and never a question from the court about that. --99.103.xxx.xxx

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Former Tenant Bankruptcy

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