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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I live in Nevada. I own a home in Idaho. I had a renter that

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I live in Nevada. I own a home in Idaho. I had a renter that I had to evict due to lack of payment. She informed me that she was taking out BK and I knew right then my $2300 back rent was gone. What I found when I got to the house to clean it was a nightmare. I won a judgement against her for $4k for property/pet damage. I went throught the proper channels to pursue my money, including recently filing for a garnishment for wages to her employer. I got a letter today from her BK attorney threatening to sue me because she's protected fully now from ALL DEBTS owed to me?? The damage she did to my house was purposeful, flagerant and malicious and SHE IS PROTECTED? I'm mad as Hell! This has cost me blood, sweat, money, tears and more tears and to find she has full protection of the law for what she did is maddening.
I need answers please.. help me to understand this so I don't go insane!
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : If the damage occurred prior to the filing to the bankruptcy she is most likley protected. If you believe the damage is malicious or have a judgment stating as such and the BK is still open you can file a motion for non dischargability of the debt.
Customer:

I know it was malicious but the BK was official mid November I believe. Can't I sue her for property damage or anything?? I am stunned that the law is there to protect HER but where is my protection?? I am baffled...

Customer:

I've been trying to figure out ways to get my money since last summer and have taken it slow and steady to do it right. I even asked a BK attorney in Idaho if I could take her to small claims and he said I could... that my rent she owed was separate from the damage done to my home. Kiss the rent goodbye, but I could win a lawsuit for the damage, so I did... and now, I'm screwed??

cortrightlaw : You need to see if she has received her discharge, not the file date but the discharge date, after the discharge is the important date. Other then that if she damaged the property after she file so that the debt occurred after the fili g the. You might be able to bring an action against her. The problem is with someone like this you will probably never be able to collect even if you get another judgment. BotXXXXX XXXXXne is you need to make sure not to violate the bankruptcy proceedings or discharge as that could be costly for you.
cortrightlaw : Being a landlord is a tough business most of the protections protect the tenants.
cortrightlaw : If
cortrightlaw : If I have answered your question please press the accept button so I can receive credit for my answer.
Customer:

I'll find out the dates for sure and go from there... it was my dream home as a single mom and it crushed me that she did that to it and to me... anyway, thanks for your help. Happy 2012

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and other Bankruptcy Law Specialists are ready to help you

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Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.