Legal Question in Bankruptcy in Florida

If I'm an ex-tenant pursuing security deposit from a chapter 13 landlord, one who doesn't list me as creditor, do I just do the lift of stay and then small claims? Or, since escrow isn't reported (presumed commingled/spent), can I do a combination filing of lift of stay AND adversary proceeding? Since this landlord is also a real estate agent, I'm thinking the mismanagement of escrow is important.


Asked on 4/21/15, 10:17 am

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

The best thing to do is hire an attorney to negotiate a resolution of the issue. I will not be putting a stamp of approval on you trying to help yourself by just doing a lift of stay and then small claims. It is a lot more complicated than that.

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Answered on 4/21/15, 10:25 am


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