How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15835
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

My tennant moved out owing several months of rent and we have

Customer Question

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?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 10 months ago.

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, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15835
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 10 months ago.
If the tenant has not filed yet should we try to have his wages garnished before he files?
Expert:  WALLSTREETESQ replied 10 months ago.
yes, you should try to enforce the judgment as soon as possible freezing bank accounts may be faster if possible.
Customer: replied 10 months 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?


 

Expert:  WALLSTREETESQ replied 10 months ago.
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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.