Legal Question in Bankruptcy in Virginia
Virginia- We received a notice of Chapter 7 from our past tenants who we just won a judgement against for back rent. Do we file something to make sure our $ owed is not included? Should we attend the hearing to make sure we can get paid?
1 Answer from Attorneys
That's the point of a chapter 7 - you don't get paid unless (a) the debtor has non-exempt assets for the trustee to administer; or (b) your debt is non-dischargeable. Non-dischargeable debts are for things like child support, certain taxes, fines, student loans, etc. Also non-dischargeable are debts incurred by fraud, fiduciary defalcation, theft, or willful and malicious injury. If it is any of these latter types, you must file a lawsuit in the bankruptcy court to have it determined non-dischargeable (within 60 days after the first date set for the meeting of creditors). A judgment for back rent is unlikely to be non-dischargeable.
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