What to do if my landlord filed for bankruptcy and now the house I live in is owned by a bank but it does not have my security deposit?

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What to do if my landlord filed for bankruptcy and now the house I live in is owned by a bank but it does not have my security deposit?

How do I get my security deposit back from my ex-landlord? He attempted to get me to take the appliances and I declined. He told me to give him 30 days notice and he will get it back to me. I gave him that 30 day notice 4 months ago and I have not gotten it back. Is this something that can be settled in small claims court or is this something that has to go through bankruptcy court?

Asked on April 18, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your former landlord filed for bankruptcy protection and received a discharge where you were named as a creditor and you failed to submit a proof of claim or that his estate was a no asset estate, you like the other creditors have lost money owed to you by the former landlord and there is simply nothing you can do to get it back if the above actually happened.

Since the former landlord is ignoring you regarding the return of your security deposit, I suggest that he or she has no intent on returning it to you. I suggest that you contact the bankruptcy trustee concerning your former landlord's bankruptcy to see if you are out of luck as a creditor concerning your security deposit.

If you are not, your recourse would be in the small claims court.


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