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?

UPDATED: Apr 13, 2012

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 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. 

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