Creditors and Bankruptcy/bankruptcy time frame

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Expert: Brian V. Lee, Esq. - 11/20/2011


Question
Hello, I saw in the newspaper that a tenant who is behind in rent payments, but still paying a little at a time, has filed bankruptcy.  The listing just showed total debt and assets.  I have not rec'd any notice as a creditor.  Should I assume that she will not seek a discharge on her debt to me, or does the newspaper listing precede the official mailings?  We are in Indiana.  Thank you very much.

Answer
If the tenant owes back rent, you should have been listed as an unsecured creditor and received notice of the bankruptcy on Schedule F (Unsecured Nonpriority Debts).  Moreover, if you have a current lease (i.e., not an expired lease on which she is now month-to-month) you should have been listed on Schedule G (Executory Contracts and Unexpired Leases), the Statement of Intention (if a Chapter 7), as well as in the mailing matrix.

You may not contact the debtor while she is protected by the automatic stay, so I would contact the debtor's attorney to determine what the debtor's intention is toward both back rent and rent going forward.  You cannot assume that the debtor is not seeking discharge of her debt to you.  She may be making small payments to you as a diversionary tactic.


Brian V. Lee, Esq.
Virginia bankruptcy lawyer
http://www.lee-legal.com

Creditors and Bankruptcy

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Brian V. Lee, Esq.

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All questions related to consumer and business bankruptcy, debt management, and personal finances are welcome. Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues. Feel free to visit my All About Bankruptcy blog for more information.

Experience

Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues. * Bankruptcy Chapter 7 * Bankruptcy Chapter 13 * Bankruptcy Chapter 11 * Bankruptcy Terms * Foreclosures * Mortgage Issues * How to Save Your Home * How to Rebuild Your Credit * Property You Can Keep * Car Repossession * Debt Test * Tips for Consumers in Debt * What to Expect in Court * Washington, D.C., Exemptions * Virginia Exemptions * Checklist of Key Changes in Bankruptcy Law * Changes in Chapter 7 & 13 Bankruptcy Law * Big Changes in Bankruptcy Law

Organizations
DC Bar, VA Bar

Publications
http://www.lee-legal.com/bankruptcy-blog

Education/Credentials
I am a graduate of Rutgers University and the George Mason University School of Law.

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