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C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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If a tenant files or bankruptcy an Im filling out a claim

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If a tenant files or bankruptcy an I'm filling out a claim form. Can I claim the full 5 year lease or only past due amount up till the date she filled?

cfortunato :

The amount of rent that can be discharged is only that rent that was owed up until the date the Bankruptcy was filed.

cfortunato :

So that is the amount that would be entered on the Proof of Claim form.

cfortunato :

Any rent that becomes due after the Bankruptcy was filed can still be collected by you - as the rent that becomes due after the Bankruptcy was filed cannot be discharged.

Customer: Ok. An sh never sent a letter saying she was leaving we had to evict her. Does that change anything? Can we claim the cost of eviction?
cfortunato :

Yes - if you incurred the cost to evict her before she filed her Bankruptcy, you can include the cost to evict her on your Proof of Claim.

Customer: So just to be clear, I can still try to collect the five years that have not transpired yet?
On the Proof of Claim form, you can only list the rent that was due before the Bankruptcy was filed.
Once the Bankruptcy case is finished (usually in 4-6 months), you can then proceed to attempt to collect the rent that became due after the Bankruptcy was filed.
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