Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
This is an unfortunate situation,
when a tenant files a chapter 7 under the bankruptcy law they are given an automatic stay, which means a creditor cannot continue any civil lawsuit against the individual,
What you can do is file a proof of claim against the debtor, and attend his 341 meeting,
and argue that he has income and assets that he has not disclosed,
if you can prove this, the trustee may allow you to sue him and receive a judgment,
Also, filing a proof of claim allows you to receive any assets if the individual had to give anything to the bankruptcy judge.
can we try to sue his wife? She is not on the bankruptcy
If the tenant filed bankruptcy, you should have received a proof of claim form,
He has not filed yet
You can sue her, if she was on the lease, or a guarantor
if he has not filed, you should proceed now, and try to get a judgment
she was not
if she was not, you would not be able to obtain a judgment against her
how would that be any different from the judgement we already have?
Since you have a judgment with the tenant, give it to a Sheriff or Marshall to try to have them collect on it,
if you want to get a judgment against the spouse, you would have to sue her from the start,
In Michigan they told me they can not enforce payment on judgements we can just file garnishment
I would hire a professional collection agency to collect the debt, I do not see any law that limits judgment collection in MI to only garnishments,
The links are above are a list of collection agencies, they would be able to collect on the judgment, you should be able to freeze accounts, or lien property they have.
ok thank you
Good luck, and if you have any further questions please do not hesitate to ask.
If satisfied please provide us with positive feedback, thank you.
I just got the letter today that my previous tenant who moved did file for bankrupcty and included me. Can I ask the judge if they can remove me from the bankruptcy filing if I can plea my case that we offered to let him move out so he would not owe us money and he chose to stay knowing that he was just going file bankruptcy anyways?
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