Legal Question in Bankruptcy in California

Landlord Security Deposit Issue

I have case where the Debtor owns a duplex and rents the 2nd unit out.

Amid all his financial troubles, Debtor used the $1100 security deposit

that his tenant gave upon move in in 2006, to pay bills. Beyond being a

major breach of Real Estate/landlord - tenant law, any thoughts on how and where to list

this now non-existent security deposit on the BK petition? As a

liability owed to the tenant? Never dealt with this before, any

opinions are appreciated.


Asked on 10/25/08, 11:51 am

2 Answers from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Landlord Security Deposit Issue

I'm unclear by what you mean when you say "I have a case" - are you an attorney? If so, this really isn't an appropriate means of researching a matter for a client. If you are a bankruptcy petition preparer, you should not be providing your clients with any legal advice, including where to list certain types of obligations.

*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.

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Answered on 10/27/08, 12:34 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord Security Deposit Issue

Property he holds for another -- statement of financial affairs -- since it's not his money. Since the money is not yet due back to the tenant as the tenant is still in place, there is no liability, yet. My 2 cents.

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Answered on 10/25/08, 1:06 pm


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