Previous Tenant-Debtor- Filing Chapter 7

I won two judgments against a previous tenant. One for two months back rent while going thru the process of getting her evicted. The other for damages to the property. I did a wage garnishment for the first and it just got paid off. About two weeks ago I went in and got a reit of execution to do a wage garnishment on the second judgment ($4,380.40 + interest). Late last week I got notice that she filed for Chapter 7. Other than personal belongings and a jeep cherokee no other assets (or hid any other assets she had).

Don't know if it makes a difference but this tenant gave false SS# & false references on her application. The only ligit thing she put down was her employment info. I found out later than she seems to have a history of being evicted thru the courts and skipping rents.

Do I have any rights under Chapter 7? She has a good job and probably would have paid off the second judgment in one year. (The first one was for about half as much money and was paid off in less than 6 months.

Thanks for the help

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Dina Collins:
I won two judgments against a previous tenant. One for two months back rent while going thru the process of getting her evicted. The other for damages to the property. I did a wage garnishment for the first and it just got paid off. About two weeks ago I went in and got a reit of execution to do a wage garnishment on the second judgment ($4,380.40 + interest). Late last week I got notice that she filed for Chapter 7. Other than personal belongings and a jeep cherokee no other assets (or hid any other assets she had).

Don't know if it makes a difference but this tenant gave false SS# & false references on her application. The only ligit thing she put down was her employment info. I found out later than she seems to have a history of being evicted thru the courts and skipping rents.

Do I have any rights under Chapter 7? She has a good job and probably would have paid off the second judgment in one year. (The first one was for about half as much money and was paid off in less than 6 months.

Thanks for the help<HR></BLOCKQUOTE>

Since you are an unsecured creditor, you have little chance of collecting. The tenant is under protection of the Federal BK Court so there is no chance of protesting unless she used a false SS# on her BK petition schedules.

If you knew of the false SS# and references at the time you rented the place and did nothing about it, you accepted it.

Find an attorney who deals in helping creditors. Your story is exactly what my wife and I are going thru, except we haven't gotten any judgments against our ex-tenant yet. Our tenant lied on her application about ss#, children and only her employment was correct. We went down to the court and copied her bankruptcy schedules and found out she lied on there too. We found an excellent attorney who believed we had a good fraud case and we hired her to go to the meeting of creditors and confront this ex-tenant. The ex-tenant lied at the meeting of creditors also, and her pro-bono attorney was humiliated. Trustee told her to amend her papers. And her attorney would like to re-affirm our debt. Our attorney gave us the following 3 options: re-affirm the debt, file to have our debt non-dischargeable, or file to have this ex-tenants entire bankruptcy thrown out due to the lies....

Since there is a long list of creditors who already have judgments in front of us, we decided on re-affirming the debt. It's better than nothing, but it was worth the look on this ex-tenants face to be caught in such horrible fraud and lies.

Find an attorney who helps creditors - you definitely have a case. It's not cheap though but well worth it in the long run!!!