Legal Question in Bankruptcy in California

Tenants filed BK and got discharges for past rents - Do they still owe me the rents for the period

after the filing?

- My tenants stopped paying since beginning Sept 2009.

- I evicted them by end of Sept 2009

- They filed bankruptcy by end of Oct 2009, It halted my eviction since then.

- My house was foreclosed end of December 2009.

- Their bankruptcy filing was approved and past rents get discharged.

My question: Do they have to pay me the rents for the priod: November and December 2009.

According to the following article, I think "Yes". I need a confirmation from BK attorney. If so, I would like to have your number to help me proceed a collection.

http://wiki.answers.com/Q/If_you_get_evicted_are_you_responsible_for_debt_after_bankrupcy

Thank you for your prompt reply.


Asked on 5/01/10, 9:42 pm

1 Answer from Attorneys
Christopher Hewitt Law Office of Christopher Hewitt

I'm not sure if I have all the information correct to give you a 100% complete answer. I'm confused by your second line saying that you evicted them. Did they actually leave? Or did you just try to evict them and you stopped due to the automatic stay that kicked in by them filing for bankruptcy. There past rents could have been discharged as well as they executory lease that they had, could have been broken and discharged with the bankruptcy so as to stop your enforceability of pursuing them for breaking the lease. Were they living in the house in November and December. If so you might have a case. If not the lease would have been terminated by the bankruptcy as well. Feel free to call me at 415-265-2917 or visit my website at hewittbankruptcy.com

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Answered on 5/11/10, 9:10 am


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