Using March 2009 Ch 7 discharge to not pay past due Aug and Sept 2009 rent

[netboy]

I have a tenant that got a Ch 7 discharge in March 2009 for 2 months rent (Nov, Dec 2008). The tenant wanted to stay so we agreed to payments and I was paid in full so the tenant stayed. We did not sign any reaffirmation documents. We just stood before the eviction judge and she agreed to make payments and I agreed to let them stay. I went back to court every 2 weeks to give the judge updates until I was paid in full.

Tenant was current from Apr-July 2009. Now the tenant is past due Aug and Sept 2009 rent. They said they will now use the Ch 7 discharge so they don't have to pay me and they're staying till I get the writ.

Can they still use the discharge?
Is there a time limit?
What did I do wrong and what should I have done?

Thanks

[mama2three]

No they cannot use the discharge. The discharge only applies to debts incurred prior to the filing of the bankruptcy.

[keepmine]

This is post petiton debt. Your tenants are squarely on the hook. You can evict them and then sue for the unpaid rent if you want too.

[netboy]

Thanks for the replies.

Their attorney told them to just take the discharge when they file the answer and the court will dismiss the debt.

Problem is they promised to move out on 9/25/2009 because they found another place. Now she's wasting time because of the advice from her attorney.