What to do if a now ex-tenant is about to file for bankruptcy and I have a judgement against them?

I am a landlord and just evicted a tenant. He has mentioned that he will file bankruptcy. I now have my judgment ready to file with the courts. Is there any benefit for me to wait until after he files his bankruptcy Before I file my judgment? Can he attach my judgment to his bankruptcy no matter what the timeframe is?

Asked on February 23, 2013 under Bankruptcy Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, regardless of whether you have filed the judgment or not, this debt will pre-date his bankruptcy filing, and hence is something subject to his bankruptcy. You cannot preserve your claim for a debt pre-dating bankruptcy simply by choosing to not act on it at this time; therefore, it is very likely he will able to discharge his debt to you in  bankruptcy.

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