Legal Question in Bankruptcy in California

My exroommate owes me approx $6600 for rent and bounced check. The $5100 has been on a written payment plan in which she pays the installment 3 weeks late each month. Then $1600 for her share of June/July 2011 rent that she never paid to the rental office. At least 10 times she agreed to take care of this debt not only to me, but also to the rental office via text and email. Dec 2011, we both received a Collection notice on this debt and exroommate again agreed in writing in Jan 2012 to handle this. The dead line was Jan 20, 2012 and she did not handle, so to protect my credit I paid for it and she AGAIN agreed to pay me in Jan and Feb 1, 2012. As of March, nothing has been paid to me. I informed her that if she didn't pay me then I would proceed legally. Her response was "I won't have it, so go for it". I gave her more than ample time to pay me something on the $1600. So, on 3/28/2012 I had her served. She responded to me by text stating, "I will be filing BK for BOTH of what I owe. Do not contact me anymore. My atty will give you whatever you need". My question is, can these debts to me be included in BK as a way to not pay me my money? All of this has been going on since July 2011. The stress from her habitual lies and excuses for not paying, finding a new place to live at a last minutes notice causing me to delay my health concerns in seeing a Doctor (I did learn that I needed surgery), attempting to ruin my excellent credit after my pleads for her to not let that happen, placing on hold my House hunting because I did not want any black flags to show up on my credit report, increase in blood pressure. I want to include pain and suffering in my lawsuit. Is that possible?


Asked on 4/02/12, 12:33 pm

2 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

San Diego Bankruptcy Attorneys Anyone filing a bankruptcy must include all debts on their case. If you feel that the money owed to you was incurred fraudulently, you may have certain remedies in an adversary proceeding.

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Answered on 4/02/12, 12:41 pm
Todd Mannis Law Offices of Joseph A. Mannis

Not only can she, but she's REQUIRED to list your debt in her bankruptcy. You may then attempt to pursue her in the Bankruptcy Court, but whether you are able to prevail against her is probably problematic.

Todd Mannis, Esq.

Law Offices of Joseph A. Mannis

(818) 591-9890

www.mannislaw.com

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Answered on 3/25/13, 12:51 pm


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