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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17210
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My tennant moved out owing several months of rent and we have

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My tennant moved out owing several months of rent and we have a judgement against them. They are now filing Chapter 7 bankruptcy and including us. Is there any way that we can still take this person to court and attempt to garnish his wages?

WALLSTREETESQ :

This is an unfortunate situation,

WALLSTREETESQ :

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,

WALLSTREETESQ :

What you can do is file a proof of claim against the debtor, and attend his 341 meeting,

WALLSTREETESQ :

and argue that he has income and assets that he has not disclosed,

WALLSTREETESQ :

if you can prove this, the trustee may allow you to sue him and receive a judgment,

WALLSTREETESQ :

Also, filing a proof of claim allows you to receive any assets if the individual had to give anything to the bankruptcy judge.

Customer:

can we try to sue his wife? She is not on the bankruptcy

WALLSTREETESQ :

If the tenant filed bankruptcy, you should have received a proof of claim form,

Customer:

He has not filed yet

WALLSTREETESQ :

You can sue her, if she was on the lease, or a guarantor

WALLSTREETESQ :

if he has not filed, you should proceed now, and try to get a judgment

Customer:

she was not

WALLSTREETESQ :

if she was not, you would not be able to obtain a judgment against her

Customer:

how would that be any different from the judgement we already have?

WALLSTREETESQ :

Since you have a judgment with the tenant, give it to a Sheriff or Marshall to try to have them collect on it,

WALLSTREETESQ :

if you want to get a judgment against the spouse, you would have to sue her from the start,

Customer:

In Michigan they told me they can not enforce payment on judgements we can just file garnishment

WALLSTREETESQ :

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,

WALLSTREETESQ :

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.

Customer:

ok thank you

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback, thank you.

WALLSTREETESQ and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
If the tenant has not filed yet should we try to have his wages garnished before he files?
yes, you should try to enforce the judgment as soon as possible freezing bank accounts may be faster if possible.
Customer: replied 3 years ago.


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?


 

you would have to file a motion to lift the stay, and argue that the tenant has no intention of paying rent, and you want to proceed with an eviction.

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