Warrant in Debt AFTER BK

[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. 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!!

[NoMoreCards]

I would think she could, because the security deposit was never yours to spend to begin with. The law states that security deposits must be held in trust.

I may be totally off base here, but this is my understanding. Forgive me if I am wrong, it happened before.

[debtprison]

NoMoreCards reply sounds right but you might need some sort of legal help here to know for sure. It sounds like, unfortunately, you didn't cover all your bases and you might get further hurt for it. Usually there is a procedure for telling a tenant that you are withholding their deposit and in many states I have even heard of a tenant collecting triple the deposit in damages.If the BK didn't discharge your obligation, it sounds like you may be in for some trouble.

[OregonMom]

I know in my state that the landlord had 30 days from when I tenant leaves to send a detailed notice with receipts as to what was with held from the deposit. Did you do anything like that to document the damage and send the tenant notice? Not sure about the bk though, can you call and ask your lawyer?