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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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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