If we filed Chapter 13 about 11 months ago, can we be sued by our ex-landlord for damages?

UPDATED: Oct 28, 2014

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If we filed Chapter 13 about 11 months ago, can we be sued by our ex-landlord for damages?

We signed the lease 10 months ago but was evicted for no reason 4 months ago.

Asked on October 28, 2014 under Bankruptcy Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you filed bankruptcy 11 months ago, but signed the lease 10 months ago--or *after* you had already filed for bankruptcy--then yes, the landlord can sue you for damages (such as unpaid rent, damage to the apartment, etc.). Bankruptcy affects debts existing prior to the filing; it does not protect you from debts or obligations you take on after having filed.

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