What to do if my roommate and I have been expecting our security deposit of $900 to be returned to us but now our landlord has fied for bakruptcy?

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What to do if my roommate and I have been expecting our security deposit of $900 to be returned to us but now our landlord has fied for bakruptcy?

Are we going to be able to get our deposit back? e received a letter in the mail saying that our landlord filed Chapter 7 bankruptcy and we are a creditor. I thought this money technically belongs to us and was their responsibility to “hold” in trust? What steps should we take to get it back? We don’t have a lot of money for a lawyer, and not getting this deposit back is really hurting us financially. Would going to the Creditors’ Meeting be a good idea?

Asked on October 17, 2012 under Bankruptcy Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you and your roommate immediately file a creditor's claim with the bankruptcy court with respect to the Chapter 7 filing of your landlord for the $900. You can get copies of such claims online.

Unfortunately for you and your roommate, the chances of you seeing any part of the $900 is remote based upon my experience on such matters when a landlord files for bankruptcy protection.


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