My landlord filed for chapter 7 bankruptcy. He has not returned my security deposit. Does he have to list me as a creditor?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

My landlord filed for chapter 7 bankruptcy. He has not returned my security deposit. Does he have to list me as a creditor?

By filing for bankruptcy has he broken the lease? If so, can I get out of it?

Asked on April 12, 2009 under Bankruptcy Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First thing is first.  Filing bankruptcy doesn't mean he has broken the lease.  You need to find out if someone will be taking over the property.   Second, you cannot get out of this lease until you find out from him if he intends to break the lease.  Hearsay right now is hearsay.  Wait and see.  Check out the following link: https://law.justia.com/louisiana/codes/123/107468.html

Next, in terms of listing you as a creditor, does your state require your security deposit be held in a separate, interest bearing account?  If so, then if it is his business account and he is not claiming bankruptcy of his business, and only personal, it may not be an issue and you may not be a creditor.  There are a lot of unanswered questions.  Do you know where he filed? How did you find out? Is it because he indeed listed you as a creditor?  If so, talk to the trustee or his lawyer.  See what the status is.  If there is a possibility you will lose your security, contact the following departments in your state:

http://www.lhfa.state.la.us/index.php

http://ag.state.la.us/


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption