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Bankruptcy Law/Roomate filed chap. 13 including past rent.

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Expert: - 4/6/2007


Question
about 3 years ago or so. a roomate of mine quit his job, got racked in debt and also go us evicted do to inability to pay rent. we had 1.5 months left on the rent @ the time and had 2 judgements filed within 6 months in which i paid the full ammount.  3 years later they sent me a later saying i owe 3000$ more. I cannot for the life of me figure out what they are charging for and when i contacted the person that worked for the property they couldn't say what it was for either but that the ammount was owed. I thought 2 things worked in my favor. If extra moneys had been owed and reported on his bankruptcy, i was aware they couldn't contact me until that was over. and secondly. If they don't know why i owe them money and they're the ones filing with the lawyer... how can i expect to pay them?  

Answer
There is indeed some protection available to a person who is jointly obligated on a debt with a person who is in a Chapter 13 case. Bankruptcy Code Section 1301 provides for a "Co-debtor Stay" which protects a 3rd party, (like yourself) when someone who owes a joint consumer debt with you has filed Chapter 13. If your roommate is still in Chapter 13, I believe you are protected by the Co-debtor Stay.

There is a limitation however. The creditor is entitled to seek relief from the stay and pursue collection against you for any amounts that are not going to be paid in the Chapter 13. For example, if the 13 Plan pays debts like this at just 50% of what is owed, the creditor is entitled to seek relief from the stay to collect the other 50% from you.

However, if they have violated the stay, (by seeking to collect a joint consumer debt from you without FIRST obtaining relief from the stay, you may be entitled to sue them for contempt of court. Your potential claim against them for contempt may be a useful tool to offset out against what you may still owe them, (if your really do owe them.)

If the bankruptcy is open, you can look to see if the landlord filed a proof of claim, and perhaps see how the claim was computed. The bankruptcy court might be a useful forum for you to contest the amount of the claim, by contending that you previously paid the judgement.

I think it is time for you to seek some representation from a good local bankruptcy lawyer.

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Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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