Being Sued - We Won - He filed Bankruptcy

[ToddM]

HELP! HELP! HELP!

I've been fighting with my X-Landlord for the last 6 months in court..
I went out and hired a lawyer and we won the case by default...
The plantiff NEVER showed for the last case.
He doesn't own the property we lived in, his son does...
He was taking us to court for damages that were not there and/or he charged the last tennants for...
When we went to the last court date the judge handed down his judgement and we got a call from a lawyer the the landlord got..
While talking to this lawyer he basically said he is gonna file for bankruptcy and that he was gonna help on that...

Our lawyer said the only thing we will really get out of it is the security deposit...
But out total bills are almost 2500 dollars...

IS there anything I can do?

Please send me email if you can... [email protected]
Http://how.to/nwtr

 

[Tracey]

1. You can argue that the $2500 bill was the result of fraudulent actions on the part of L, and is therefore not dischargeable in bankruptcy. He knowingly & fraudulently sued you for damages he knew you didn't cause, causing you to incurr legal fees for which he is responsible. You can read the bankruptcy code here: http://www4.law.cornell.edu/uscode/11/index.html You can also find books on protecting credotor's claims in bankruptcy court at the law library or public library.

2. File a claim in the BK court for the security deposit, as it takes priority over all other claims & can't be discharged.

3. When the judgment is discharged in bankruptcy, claim the loss on your taxes.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 05, 2000).]