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My Landlord Named Me Like A Lender In His Chapter 7 Bankruptcy.

Discuss the legalities of Bankruptcy Law

My Landlord Named Me Like A Lender In His Chapter 7 Bankruptcy.

Postby gideon » Wed Dec 25, 2013 3:09 am

does this imply he no further has my safety deposit and is attempting to acquire it released in the bankruptcy judge? I can not get any responses from his lawyer or the trustee why I'm named a creditor.
gideon
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby lot » Wed Jan 08, 2014 9:18 pm

I believe, by law, the safety deposit must be ketp in escrow.  That implies in an interest bearing account and you must get your security deposit back with interest.  The interest part rarely takes place....  in reality many landlords are so unsophisicated and oversight so low that they just use the money as their personal.    I would say you are possibly appropriate... he utilized your safety deposit as if it was his own funds.  He need to not be able to use Bankruptcy to get out of paying you.  I think you could bring charges against him for defrauding you of the funds in fact.  That bit of info may possibly cause him to uncover a way to pay you your cash.   Bear in mind... a security depoist is just escrowed income... it is not a loan and it is not meant for him to use.  It is your cash.  If it is gone then what he did is tandamount to theft.  To file charges you just go to your regional magistrate... an arrest could be produced on that.  Another way would be to sue him in tiny claims court(magistrate can help you).  For less than $5000.  You may possibly be capable to place a lien on his properties with that judgement... you could anyway.
lot
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby jerardo89 » Fri Jan 10, 2014 5:39 pm

maureenesaccio1 replied to post #1: two effectively, I do not know if I must pay April's rent then. The meeting of the creditors is not till April 8th and my rent is due on the 1st. 57 months ago
jerardo89
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby tanishia » Sat Feb 01, 2014 9:42 pm

I'm not an attorney but if I were to venture a guess - I'd say you've got this spot on.
tanishia
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby Akim » Tue Feb 11, 2014 5:36 pm

Tell his attorney that you will file charges for defrauding you of your escrow if they don't pay you(criminal charge) I believe, by law, the security deposit must be ketp in escrow.  That means in an interest bearing account and you should get your security deposit back with interest.  The interest part rarely happens....  in fact many landlords are so unsophisicated and oversight so low that they just use the money as their own.    I would say you are probably right... he used your security deposit as if it was his own money.  He should not be able to use Bankruptcy to get out of paying you.  I believe you could bring charges against him for defrauding you of the money in fact.  That bit of information may cause him to find a way to pay you your money.   Remember... a security depoist is just escrowed money... it isn't a loan and it is not meant for him to use.  It is your money.  If it is gone then what he did is tandamount to theft.  To file charges you just go to your local magistrate... an arrest may be made on that.  Another way would be to sue him in small claims court(magistrate can help you).  For less than $5000.  You may be able to put a lien on his properties with that judgement... you may anyway. JayD 57 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
Akim
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby Malise » Fri Feb 14, 2014 8:34 am

I've been looking but since I'm not really sure what is going on with my security deposit, I can't give a new landlord a firm date. This is all just so confusing and upsetting.
Malise
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby Evelyn » Sun Feb 23, 2014 2:50 pm

maureenesaccio1 replied to post #3: 4 I've been looking but since I'm not really sure what is going on with my security deposit, I can't give a new landlord a firm date. This is all just so confusing and upsetting. 57 months ago
Evelyn
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby maelisa » Mon Feb 24, 2014 7:43 am

darwin? said: 3 If you decide not to pay your rent, do you have somewhere else to live? 57 months ago
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby Sergio » Tue Mar 11, 2014 7:26 pm

well, I don't know if I should pay April's rent then. The meeting of the creditors is not until April 8th and my rent is due on the 1st.
Sergio
 
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My Landlord Named Me As A Creditor In His Chapter 7 Bankruptcy.

Postby Kemp » Sat Mar 15, 2014 2:00 pm

If you decide not to pay your rent, do you have somewhere else to live?
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