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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I filed a small claims in DEC 2012 against a renter after they

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I filed a small claims in DEC 2012 against a renter after they moved out in June 2012. The claim is for late fees in 2011 and clean up Jun 2012. They had filed bankruptcy 4/30/12 and it was discharged 8/7/12 and closed 9/21/12. I received a letter from their attorney date 12/28/12 saying they admended the bankruptcy to include my claim. How can they do this if the case was closed 9/21/12????

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

Anyone who files a Bankruptcy can re-open their Bankruptcy case for the purpose of adding creditors who were left out of the original filing.
The debts owed to those added creditors are thereby discharged along with the debts that were originally listed in the Bankruptcy papers.
However, any debts that were incurred after the Bankruptcy was filed are non-dischargeable. This means that you can continue to sue your ex-tenant for any clean up or fees that occurred after 4/30/12. (You can therefore continue to sue for the June 2012 clean up, but not for 2011 late fees.)

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

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