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#1
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| My wife and I lived in this place for 6 months and then moved out... (that was ok with the landlord and we gave him written notice (30 days)) We moved out early because he wanted us to and when I walked through the place he stated that he would not give our 8 days of rent back because the 'new' tennants are not moving in right away.... I got a little upset with him and told him that yesterday he said we could get our money back..... Even though he knew last Thursday we weren't gonna get it back... He basically said we weren't gonna get it back and if I wanted to play games he could play games.... We finally got a small claims notice that he was taking us to court for 'damages' which he didn't disclose and didn't get to us for over 30 days.... (21 day law broke!) Now this last month the landlord didn't show for the last court date because he knows he was in the wrong (I think) So we were awarded our counterclaim... Now we found out he is gonna file bankruptcy... What can we do.... We have a statement from the last tennants who stated he did basically the same thing to them except the court thing... He charged us for things he charged them for..... Does him 'NOT' showing up for court the last time and us knowing the last tennants and the things he charged them for are the same as things he charged us for (some of the things), would that show the case being fribulus (or whatever the word is) and if he would file bankruptcy, require him to pay all of the money awarded in the small claims? Please help! Thank You! Email: newis@mailcity.com Website: [url="Http://how.to/nwtr"]Http://how.to/nwtr[/url] |
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#2
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| Sorry to hear of problems & it is not likely to get better. Regardless of failing to show up and the landlord's past conduct, it is very unlikely you are going to collect now that he filed bankruptcy. In theory you could argue your claim is not dischargeable in bankruptcy because it is based in fraud. But for that you have to file a law suit as part of the bankruptcy. With no certainty you will win and the expense associated with that, I am not sure it is worthwhile. Law on, Kevin ------------------ Kevin O'Keefe Founder & Fearless Community Leader [url="http://www.prairielaw.com"]Prairielaw.com[/url] "More people helping people with the law than anywhere." |
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