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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello. I reside in the state of OR. I became a tenant of a

Customer Question

Hello. I reside in the state of OR. I became a tenant of a rental property in which the landlord had already foreclosed upon but failed to make mention of this information, moving me in anyway. Long story short, in the state of OR this is considered fraud.

A small claims ruling for Multnomah County, OR was filed and ruled in my favor. The landlord violated Or. Rev. Stat. 90.310. The final ruling on the claim was $6550 (Rental Payments: $3800, Security Deposit: $400, HOA Move Out Fee: $400, New Application Fee: $45, Variation in rent for remaining 7-mo term: $665, Inconvenience/cost/time for moving: $1240).

This amount was later reduced to $4200 through a mediation agreement with contingency (6/15: pay $2200, 7/15: pay $500, 8/16: pay $500, 9/15: pay $500, 10/15: pay $500). Failing to meet such contingencies requires the amount to reverted back to the original $6550, less the amount received.

The Defendant failed to comply with the mediation agreement (SLR 12.035) and thus a Noncompliance Affidavit was filed. The Judgement General created a lien based on non-compliance. The Defendant now owes to me $3176.54 of which over a years time I have tried to collect but have not received.

The Defendant has since filed for bankruptcy, including this small claims ruling on his bankruptcy filing. I would like to know if this can be included in a bankruptcy filing. Often times, claims associated with fraud cannot but I am uncertain of this.

In order for me to file against the bankruptcy, the paperwork needs to be file, along with an expenditure of an additional $300 for filing fees.

Please let me know if legally if I have any ground to stand on to file in opposition to this.

I have the papers if you would like to read through them to make better sense of this.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

Debts that are the result of "false pretenses, a false representation, or actual fraud" are specifically non-dischargable in any Bankruptcy. Bankruptcy Stat. 523(a)(2)(A).

Given the information you provided, you do have sufficient grounds to have this debt determined to be non-dischargeable.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

 

 

Customer: replied 5 years ago.
Is there any way given the description of the debt to get around the $300 filing fee? I am already out so much money and am even wondering if the Defendant will pay up ever so I am uncertain if it is worth pursuing.
Expert:  cfortunato replied 5 years ago.
It is not possible to avoid paying the filing fee.

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