Expert: Terry Leeders - 2/28/2008

Question
I had a lease with option to buy contract with individual who is now filing chapt 13.  I ended up having to go to court and had to evict, received a judgement on delinquent rent.  renter did not show up for court and left the state.  Now she is back, I am sure I am low on the list, ?I know that she defaulted on several loans and I believe fraud was involved.  I know she wrote an NSF check to me.  Is my claim secured or unsecured?  Am I so far down the list that it is useless?  I had just about given up on getting this resolved and then I received the papers.  I no longer own the property, it was sold 3 years ago.

Answer
claims for broken lease and damages would be an unsecured debt.  You will be paid pro-rata with all other unsecured creditors.  Depending on her chapter 13 plan, you may receive a percentage of the amount owed.  Review her plan you should have received to see.