How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

My tenats filed bankruptcy,chapter 7 no asset. I was listed

Resolved Question:

My tenats filed bankruptcy,chapter 7 no asset. I was listed as a crditor for only 5700.00
They were recently discharged. All of the debt they owe me was not listed in the bankruptcy proceedings. They still owe me for some months on the rental.
Also, they owe over 2ooo.oo for the water and sewer which remained in my name and the company has now placed a lien in my name.
My tenats also lied about the property shed which they stole,saying it broke and they threw it away, but they left the house loaded with furniture,garbage etc... My neighbor saw them drive the shed away. The shed has a value of approximately 2000.00

My questions :Can I take them back to court for the additional months of rent ?
Can I sue them to recover the 2ooo.oo water bill?
Can I sue them for the shed that came with the property?
What are my recourses right now?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

You would be able to sue for any loss that was incurred after the filing of the bankruptcy,

WALLSTREETESQ :

and is the entire amount owed was not discharged in the bankruptcy, you can try to enforce the amount for the rest,

WALLSTREETESQ :

However, you are better off, suing the tenant for all the extra items, that incurred afterwards,

Customer:

will the judge allow me to request payment for the utilities that are in my name,even though they incurred the expense?

WALLSTREETESQ :

You should sue them for all the damage that they left and was not listed in the bankruptcy

WALLSTREETESQ :

If it was part of your lease with them,

WALLSTREETESQ :

You have to show they owed the amount to you,

Customer:

if i am granted a judgement how can i collect ? garnishment of wages ?

Customer:

Also can I have access to thier refund from IRS? is there a way to offset it?

WALLSTREETESQ :

You would have to enforce the judgment through a sheriff, or marshall, and it is possible for you to garnish their wages, freeze their bank accounts etc.

Customer:

do I have a certain amount of time to take them back to court ? They were just discharged.

Customer:

what proof can i bring to court regarding the stolen shed?

WALLSTREETESQ :

After discharge, you can start the lawsuit, but it may be best to file after 90 days, so they do not try to reopen their bankruptcy case, and try to add your new debt to their case,

Customer:

great

WALLSTREETESQ :

In terms of the shed, if you have a lease or any evidence that they stole it, you can sue them,

WALLSTREETESQ :

If they were the only individuals that had access to the shed, you can make a good argument

Customer:

Just a neighbor who witnessed the removal of the shed on the back of the truck

WALLSTREETESQ :

that could work,

WALLSTREETESQ :

You should sue them ,and see if they fight you, if they do not you would receive a default judgment

Customer:

i will bring a statement from the neighbor regarding the removal of the shed for the judge

Customer:

Thanks for all your help

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit

Customer:

ok thanks for now

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 
Chat Now With A Bankruptcy Lawyer
WALLSTREETESQ
WALLSTREETESQ
Attorney
2748 Satisfied Customers
14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS