Legal Question in Bankruptcy in California

A few years ago, I moved out of a room I was renting and my landlords never returned my security deposit. I won a small claims case against them only to find out they had filed for Ch. 7 bankruptcy. They didn't actually file for bankruptcy until a few months after I had moved out, but they had filed before the small claims ruling took place. I was not listed as a creditor and never filed anything with the bankruptcy court and their bankruptcy case is now closed. At this point, can I go back and collect my money as ruled in the small claims judgement? Or are they protected forever from having to pay me my security deposit back?


Asked on 1/28/10, 11:49 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

The answer depends on whether or not the landlords had assets that were distributed to creditors. If their creditors received a distribution and you lost out because you didn't have time to file a proof of claim, then your judgment is valid. If it was a "no asset" case and the creditors received nothing, then your claim was wiped out and the judgment is invalid.

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Answered on 2/03/10, 5:11 am
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

You may want to review the Bankruptcy Court File. It is public record. You may be able to determine what occurred.

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Answered on 2/03/10, 10:47 pm


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