Legal Question in Bankruptcy in Florida

This is a follow up post with facts. Can a landlord's bankruptcy chapter 13 filing be used in a civil case to show commingling or conversion of escrow security deposit? In this case, the tenant had lease with landlord for eight years. The last couple years was month to month. A $900 security deposit was initially given to landlord. Landlord followed up with letter stating deposit was in bank A. During the past two years, landlord foreclosed on house. And landlord filed chapter 13 unknown to tenant. Tenant moves out of house two days after a foreclosure sale. Landlord says he's not liable for deposit. In this case I understand both parties can be taken to small claims. In the bankruptcy filing, there is no escrow in bank A. There is no escrow elsewhere in filing although every of aspect of the house and landlords financial status appears complete. There's no bond or anything else related to deposit. Can escrow be part of small claims filing using bankruptcy as evidence of commingling or conversion?


Asked on 4/05/15, 6:49 pm

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

The landlord did not foreclose on the house, the mortgage company did. What you need to do is go see a bankruptcy attorney for a face to face consultation about this. You cannot just sue in small claims court but must get the automatic stay lifted by the bankruptcy judge in order to do that. And in order to do that you woul most likely have to pay an attorney more than the deposit amount.

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Answered on 4/06/15, 6:49 am


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