gkisystems
Member
What is the name of your state (only U.S. law)? Wisconsin.
Question #1: Is it likely that I can or will be held financially liable for asking the court to rule on this judgment?
Question #2: If a tenant files bankruptcy and lists his 12 month lease to the bankruptcy and the bankruptcy court discharges his debt, what debt is exactly discharged and up to what date? For example, he filed for bankruptcy 6/9/15. At that time, he paid his rent bill every month and continued to live in the house. He incurred no debt with me as of 6/9/15. He didn’t incur a debt until after he stopped paying in August.
Facts of situation:
I hired a licensed real estate broker to sell this house and act as my property manager. The defendant signed an offer to purchase and a rental lease. His rental lease was March’15-Feb’16 with a closing date on his offer to purchase for April’15. He failed to come up with a downpayment and could not close, so I retracted my offer to sell him the house but kept him as a tenant as part of his 12 month lease. He paid rent every month March-July, but it was almost always late.
The tenant filed for bankruptcy 6/9/15.
The tenant refused to pay rent for the month of August. An eviction hearing was scheduled and the judge granted the eviction on August 28. The tenant vacated the premises August 31. At no time during this hearing did the tenant inform me, my broker, or the court that he was in bankruptcy proceedings or that the bankruptcy court required an automatic stop of collections activity. At the time of the August 28th hearing, I requested to be added as a plaintiff to the case because previously only my broker was a plaintiff. The tenant objected, but the judge agreed with me and added me to the case.
My contract with the real estate broker to market the property ended at the end of August. I did not renew the contract with her and hired somebody else instead to market my house.
The tenant’s bankruptcy attorney sent a letter to my broker October 19 demanding a return of his security deposit, demanded all collections activity to stop, demanded no negative reporting on the tenant’s credit record, and demanded $4,000 for willfully trying to collect a debt that was discharged in bankruptcy. The broker replied and denied their requests.
I asked the broker for a copy of the demand letter and her reply. I received it yesterday, Nov 3.
I went to court Nov 4th as scheduled for the hearing on the damages.
The tenant said his debt was discharged in bankruptcy. I told the judge I never was notified of that.
The tenant never gave me or my broker notice that he filed bankruptcy or that he listed his lease as part of it until Nov 4th at court. The judge asked if I wanted to proceed or if we should reschedule so I can get an attorney. I told the judge to move forward because I had to take time off work to be there and let him make a decision. The case was heard and at the end the judge said he needs more time to research the applicable bankruptcy laws to see how it applies before he can rule. He also said we have until Nov 11th if we want a hearing with attorneys regarding how the bankruptcy affects this judgment.
Question #1: Is it likely that I can or will be held financially liable for asking the court to rule on this judgment?
Question #2: If a tenant files bankruptcy and lists his 12 month lease to the bankruptcy and the bankruptcy court discharges his debt, what debt is exactly discharged and up to what date? For example, he filed for bankruptcy 6/9/15. At that time, he paid his rent bill every month and continued to live in the house. He incurred no debt with me as of 6/9/15. He didn’t incur a debt until after he stopped paying in August.
Facts of situation:
I hired a licensed real estate broker to sell this house and act as my property manager. The defendant signed an offer to purchase and a rental lease. His rental lease was March’15-Feb’16 with a closing date on his offer to purchase for April’15. He failed to come up with a downpayment and could not close, so I retracted my offer to sell him the house but kept him as a tenant as part of his 12 month lease. He paid rent every month March-July, but it was almost always late.
The tenant filed for bankruptcy 6/9/15.
The tenant refused to pay rent for the month of August. An eviction hearing was scheduled and the judge granted the eviction on August 28. The tenant vacated the premises August 31. At no time during this hearing did the tenant inform me, my broker, or the court that he was in bankruptcy proceedings or that the bankruptcy court required an automatic stop of collections activity. At the time of the August 28th hearing, I requested to be added as a plaintiff to the case because previously only my broker was a plaintiff. The tenant objected, but the judge agreed with me and added me to the case.
My contract with the real estate broker to market the property ended at the end of August. I did not renew the contract with her and hired somebody else instead to market my house.
The tenant’s bankruptcy attorney sent a letter to my broker October 19 demanding a return of his security deposit, demanded all collections activity to stop, demanded no negative reporting on the tenant’s credit record, and demanded $4,000 for willfully trying to collect a debt that was discharged in bankruptcy. The broker replied and denied their requests.
I asked the broker for a copy of the demand letter and her reply. I received it yesterday, Nov 3.
I went to court Nov 4th as scheduled for the hearing on the damages.
The tenant said his debt was discharged in bankruptcy. I told the judge I never was notified of that.
The tenant never gave me or my broker notice that he filed bankruptcy or that he listed his lease as part of it until Nov 4th at court. The judge asked if I wanted to proceed or if we should reschedule so I can get an attorney. I told the judge to move forward because I had to take time off work to be there and let him make a decision. The case was heard and at the end the judge said he needs more time to research the applicable bankruptcy laws to see how it applies before he can rule. He also said we have until Nov 11th if we want a hearing with attorneys regarding how the bankruptcy affects this judgment.