What is the name of your state (only U.S. law)? Georgia
Hello All,
Well, my wife and I took our previous LL's (Defendants) to court (see my previous posting - Landlords are keeping our $1,200 Deposit). It turns out that I was right. Even though our LL's do not own 10 or more units, they still had to abide by the Georgia Landlord/Tenant Law, Section 44-7-33 - which also brings 44-7-34 back into play (for they withheld our SD due to alleged damages).
So, the court determined that the Defendants did not follow the law (i.e. giving us a list of the alleged damages with estimated costs to fix said damages), 44-7-33. The court also determined that the damages the Defendants were claiming were of Normal Wear and Tear. We won the whole way around!!! $1,200.00 + Court Costs + Interest.
The Court handed out the judgment on February 10th, ordering the Defendants to pay us said amount. As of yesterday, March 14th, we had heard nothing from the Defendants.
Today we received a Notice of Chapter 7 Bankruptcy, filed by...guess who! Nowhere on this notice does it list us, but I am sure that they are trying to list their dept to us as an "Asset" - Therefore naming us as a "Creditor" (I, first of all, have a problem with that - for the Deposit is supposed to be held in trust; so it was not theirs to spend, nor did we loan it to them).
My questions are:
1) under Georgia law, can they list us as a "Creditor" - hence listing the owed Deposit as an "Asset".
2) Doesn't the fact that we had a Judgment made by a Court of Law, ordering them to pay us back said moneys (for they did not have the right to keep it), before they declared bankruptcy, exempt us from a Bankruptcy Stay?
3) If we are, for a lack of better words "screwed", will we have to go through all of the bankruptcy channels and attend the Meeting of Creditors - to get our money back?
Thank you for your time and thoughts, everyone! (Sorry for not listing this under a Bankruptcy Thread...but you can see my predicament)
Hello All,
Well, my wife and I took our previous LL's (Defendants) to court (see my previous posting - Landlords are keeping our $1,200 Deposit). It turns out that I was right. Even though our LL's do not own 10 or more units, they still had to abide by the Georgia Landlord/Tenant Law, Section 44-7-33 - which also brings 44-7-34 back into play (for they withheld our SD due to alleged damages).
So, the court determined that the Defendants did not follow the law (i.e. giving us a list of the alleged damages with estimated costs to fix said damages), 44-7-33. The court also determined that the damages the Defendants were claiming were of Normal Wear and Tear. We won the whole way around!!! $1,200.00 + Court Costs + Interest.
The Court handed out the judgment on February 10th, ordering the Defendants to pay us said amount. As of yesterday, March 14th, we had heard nothing from the Defendants.
Today we received a Notice of Chapter 7 Bankruptcy, filed by...guess who! Nowhere on this notice does it list us, but I am sure that they are trying to list their dept to us as an "Asset" - Therefore naming us as a "Creditor" (I, first of all, have a problem with that - for the Deposit is supposed to be held in trust; so it was not theirs to spend, nor did we loan it to them).
My questions are:
1) under Georgia law, can they list us as a "Creditor" - hence listing the owed Deposit as an "Asset".
2) Doesn't the fact that we had a Judgment made by a Court of Law, ordering them to pay us back said moneys (for they did not have the right to keep it), before they declared bankruptcy, exempt us from a Bankruptcy Stay?
3) If we are, for a lack of better words "screwed", will we have to go through all of the bankruptcy channels and attend the Meeting of Creditors - to get our money back?
Thank you for your time and thoughts, everyone! (Sorry for not listing this under a Bankruptcy Thread...but you can see my predicament)