Expert: Mark J. Markus- California Bankruptcy Attorney - 4/5/2009

Question
I was trying to take my former tenants to small claims for breaking a lease.  They filed bankruptcy in 11/2007.  I did not know them or rent to them until fall of 2008.  Now I received a discharge of debtor from the bankruptcy court saying it is unlawful for me to continue trying to collect.  I thought this would be new debt.  Also I never received anything from them regarding the bankruptcy until the discharge of debtor came this week. I only knew they filed Ch 7 because when I went to small claims court they said it had an automatic stay on it and that it was unusual since the claim was filed in 2007, and that I should request a relief from the stay from the bankruptcy court. Am I still legal in trying to collect since this was after their bankruptcy was filed?  Are they just trying to blow me off with the letter for discharge of debtor?

Answer
If the rental agreement was entered into after they filed their bankruptcy case, then you are completely within your rights to seek collection from them without violating the automatic stay or any other bankruptcy provisions.  The debt they owe to you was not covered by their Chapter 7 case.