Legal Question in Bankruptcy in California

Re: bankruptcy

The answer isn't exactly black and white. Yes, the landlord should have listed everyone he owed money to in the bankruptcy, and therefore everyone who is owed money should receive notice from the bankruptcy court. Even if he did not list everyone he owes money to, in a chapter 7 the obligation is held to be discharged even without notice if the creditor would have received the same treament (i.e., debt discharged) with notice so long as it was an innocent error. If you are saying that the landlord "selectively" listed only those debts he wants to discharge, then the landlord may have committed bankruptcy fraud. If you are aware of a situation like this, contact the United States Trustee for the area you live in (they can be found on the US Dept. of Justice's website doj.gov).

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Re: bankruptcy

The bankruptcy court will send out notices to everyone to whom he owes money that he's filed bankruptcy. If you want to e-mail me the person's name and city and any other useful specifics, I can tell you whether you're on his list of creditors, and whether I can see any way to challenge his bankruptcy.