Legal Question in Bankruptcy in California
Commercial Landlord Defrauded me
What is the name of your state (only U.S. law)? Los Angeles, California
I am currently suing my ex landlord who really was not my landlord legally because when he leased me the space that space did not legally exist in the city records and he filed for bankruptcy which he did not tell me about. I never occupied the space and after suing him for the monies he owes me (over $70K), his lawyer is trying to settle for pennies on the dollar. My question is should I pursue suing him for fraud and what kind of lawyer do I need to go further? The reason I need to sue him for fraud is because he knew he filed for bankruptcy and he never told me, he leased me a space that did not exist in city's records, he took my monies and ran with it.
1 Answer from Attorneys
Re: Commercial Landlord Defrauded me
Filing bankruptcy without telling you isn't necessarily actionable fraud. The fraud action you might have against him would relate to the leasing of an unoccupiable space. If he filed bankruptcy after leasing you the property, he may have discharged the fraud claim unless you filed an adversarial acton in the bankruptcy court, or you may be able to reopen his bankruptcy and file an adversarial complaint on the basis of not having been notified of the filing. There are a number of factors needed to be analyzed to give you a proper opinion. Your best bet is to set an appointment with someone to go over the facts. I can review the matter for you if you wish - just drop me an email or call my office.
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