Warrant in Debt AFTER Discharge

[jarm]

Not sure where to put this post, sorry if it's the wrong place...BK was discharged May 2009 and I just received a Warrant in Debt for failure to return a rental deposit. I told the tenant I was filing in January '09 and she did not pay her portion (She's Section 8) of the rent for 10 months before moving out in Oct 2009. This was meant to be in lieu of return of deposit. She saved $2400 over that time and deposit was $1200. She trashed the place, too, but the house was included in my BK and I didn't say anything. Never heard from her until yesterday when I received the Warrant in Debt for the $1200 deposit. She was listed on Schedule F, Creditors list in BK and received all the required notices of the BK. Can she even sue me after BK if she was on Creditor list? Thanks for your help!!

[tcreegan]

rental agreement?

Hello jarm,

What a mess!! What you need is probably in the rental agreement. Usually trashed place, missed rent, etc = no deposit back. I am not sure including her in the bankruptcy will help unless you can show the deposit was due back to the tenant before the filing date. Again, that should be spelled out in the rental agreement. If you don't have a rental agreement, you might have state laws that cover landlord/tenant rights.

Good luck with this.....

Tom in Colo

[jarm]

Thanks for your reply--I appreciate it!! I'll dig up the rental agreement...thanks again!