Legal Question in Bankruptcy in Florida

Can I file a claim in Florida small claims court for refund of rent overpayment against a house rental agency in bankruptcy?


Asked on 10/07/09, 1:17 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

It probably has to be filed in bankruptcy court, not in small claims court. Also, it depends on what chapter of bankruptcy they've filed and whether they have any assets to be distributed to creditors such as yourself. If they've filed chapter 11, you may just be able to file a claim in bankruptcy and they'll pay all or part of your claim. If they deny your claim, they may file a lawsuit in bankruptcy court against your claim to try to reduce it or eliminate it.

If they've filed chapter 7 (sort of the death penalty for a corporation), you may just be wasting your time.

Bankruptcy court is complex, and I'd need more info to help you more. Email me if you need more help.

Brent Rose

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Answered on 10/07/09, 3:14 pm


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