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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118658
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a landlord. Took my tennat to court for non payment of

Customer Question

I am a landlord. Took my tennat to court for non payment of rent and was awarded a judgement. Now the tenat has filed for chapter 13 Bankruptcy. I am in Georgia. I received a letter with some deadlines in it. Is my judgement covered or do I need to file a complaint to challenge dischargeability and a proof of claim? It is the first time this happens to me and I don't know what the process is. Thanks for any help you will able to provide me !
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: In Georgia. I did include that in the message, I believe
JA: Has anything been filed or reported?
Customer: Yes. Bankruptcy has benn filed and I received a notice
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know what else to ask...I am ignorant about the process
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, once your tenant files bankruptcy, now you become a creditor in his bankruptcy.
You need to file a Proof of Claim form in the BK court. As far as challenging the dischargability, you would need to prove she committed actual fraud, not just that she did not pay the rent. So absent proof of actual fraud, I am afraid all you can file is the Proof of Service form, it makes no sense to file the relief from stay form, since without proof of fraud they will not remove the stay and her debt for back rent would be dischargeable.
Here is the proof of claim form (copy and paste link to browser, do not click on it): http://www.uscourts.gov/sites/default/files/b_010.pdf
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