If my tenants put me on their bankruptcy as of 2 months ago but still owe for last month, can I seek compensation for last month?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my tenants put me on their bankruptcy as of 2 months ago but still owe for last month, can I seek compensation for last month?

My tenants file a Chapter 13. They put me on their list of creditors, the same day they gave their 30 day notice to vacate. Can I take them to small claims for the month after I was deemed a creditor in their bankruptcy since they have not paid rent for that month?

Asked on April 13, 2012 under Bankruptcy Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely not. You would be in violation of the Fair Debt Collection Practices Act. You cannot attempt to a collect a debt when you been placed on notice that there is a pending bankruptcy. You need to file a claim for your amount but also try to file a motion to lift the automatic stay as to you for attempting to get out of his debt and see if you can obtain leave of court to just keep all of the security. 


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 with SHA-256 Encryption