Expert: Michael T. Hertz - 1/28/2012

Question
I obtained a small claims judgment in housing court in Boston against a former landlord who made unjust withholdings from my security deposit and did not deposit the security deposit in an escrow account, and did not pay me interest on security deposit and last month's rent.  Since he did not pay the judgment within 30 days, we ended up back in housing court for a payment hearing.  On his financial statement, he listed a Chapter 13 filing 3 years ago which he is still paying on today.  Housing Court Magistrate refused to issue a payment order and told me I was out of luck and will have to Petition the Bankruptcy Court for relief.  Is this possible that he can still hide under the shield of bankruptcy for a "debt" he incurs 3 years after bankruptcy filing?  I acknowledge this is not a true debt but for lack of a better word I use it...he stole my money.  Big difference.  It would appear he is "working" the system, rolling along accumulating more debt and running under the bankruptcy umbrella.  Not fair...especially when its deliberate.

Thanks!

Answer
The housing court judge is wrong.  A debtor in a Chapter 13 with a confirmed plan is liable for post-bankruptcy debts and may be sued outside bankruptcy court.  Star by locating the Chapter 13 trustee and take him or her your judgment and see what they say.  They may be willing to require the debtor to pay the debt as part of the plan.  If not, though, the incurring of such may be (for example) a violation of the plan.  If the debtor is well along on the plan, he won't want your matter upsetting completion of his plan.  Finally, if all else fails you could move the court to order payment or, in the alternative, to grant relief from the automatic stay in the bankruptcy so that you can get your order from the housing court.  I'm sure one of those moves will work.  Good luck.