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Landlord Filed Chapter 7

Discuss the legalities of Bankruptcy Law

Landlord Filed Chapter 7

Postby MackIntosh » Mon Dec 05, 2016 7:11 pm

Mr. Horner,  My landlord filed chapter 7 just 2 weeks ago.  My lease expires May/2011, and I am concerned about my security deposit. I got the Form 9A considering me a "creditor".  I understand that I can file Proof of Claim, but what I don't understand is how can I file for this now if "technically" I am not entitled to the security deposit yet since my lease expires May/2011. Our relationship with landlord has always been very good and very professional, so I want to make sure that do tha right thing and not start a fight with him when I am not even entitled to the money yet. I greatly appreciate your advisce.
MackIntosh
 
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Landlord Filed Chapter 7

Postby audwine » Tue Dec 06, 2016 4:33 am

Mr. Horner,  My landlord filed chapter 7 just 2 weeks ago.  My lease expires May/2011, and I am concerned about my security deposit. I got the Form 9A considering me a "creditor".  I understand that I can file Proof of Claim, but what I don't understand is how can I file for this now if "technically" I am not entitled to the security deposit yet since my lease expires May/2011. Our relationship with landlord has always been very good and very professional, so I want to make sure that do tha right thing and not start a fight with him when I am not even entitled to the money yet. I greatly appreciate your advisce.
audwine
 
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Landlord Filed Chapter 7

Postby Raul » Fri Dec 09, 2016 3:58 am

You can file a claim for your deposit right now and should do so without delay.  Send an original and 2 copies to the court clerk;  form is pretty much self explanatory; your claim as of the date of case filing is the amount of your deposit;  basis for claim:  security deposit;  you are a priority unsecured claimant so to the right of the form, 3rd box up from the bottom is the box you check for security deposit and below that insert $(amt of your deposit) so it's on the form twice;  

Also in box 2 back on the left where you wrote in security deposit;  also write Priority Claim

If he has a no-asset case there may be no distributions and if you didn't get a notice to file claims that's probably why.

As a tenant of a bankrupt debtor, you have the right under the law to remain on the premises rent free to recoup any damages you sustain because of the bankruptcy, such as by non-payment of the deposit if push comes to shove.  Could be the guy will treat you right, but that is your option under federal law.  Send me a follow up question if that happens & I'll give you the actual law on it.

Good luck,

Lee Horner

Goldstein, Horner & Horner, Attorneys

Tucson, AZ

www.freshStartAZ.info
Raul
 
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