Legal Question in Bankruptcy in Minnesota

Chapter 7 dischargeability of debts

I have 4 questions:

1. I won a judgement against ex-tenant that included unpaid rent and destruction of the property (stained carpet, dirty walls, broken door, etc). Can the part of the judgement that relates to destruction of the property be discharged?

2. 2 months after the judgement was won ex-tenant bought a home (was renting before). Before buying the house, this person was renting an appartment. Mortgage payment is higher than rent payment was. 2 months after purchase tenant filed Chapter 7. Is this kind of spending legal even when it appears that this person could not pay off the judgement?

3. Also, tenant has previous chapter 7 case that was filed more than 6 years before the current case was filed, but discharged less than 6 years ago before the current case was filed. Is this legal?

4. It appears that this person also lied in the application for bankruptcy (mortgage payment seems too low). Also, I am aware that this person is awarded around $600 per month in child support. However, child support is not listed under income (I believe the ex-husband does not currently pay child support, but might in the future). Is this legal?

I appreciate your help.


Asked on 3/21/05, 3:30 pm

1 Answer from Attorneys
Maya Sullivan Law Office of Maya C. Sullivan, LLC

Re: Chapter 7 dischargeability of debts

I will answer your questions in the order in which you presented them.

1. It sounds like them cost of the property damage was included in the judgment that you won against your ex-tenant. If this is the case, your ex-tenant, assuming she qualifies for bankruptcy would be able to discharge it like any other debt, with some exceptions.

2. Unless there was some fraud here, I do not see, based on what you have said, that what the ex-tenant has done could be illegal. If she planned all along to file after getting the house, it could be unethical of her.

3. It is not illegal to file bankruptcy more than once.

4. If the child support was not being received at the time of the petition, she would not need to report it. Speculative income is not guaranteed to her.

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Answered on 3/21/05, 6:06 pm


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