Possible small claims suit while in Chapter 13

[stoklee]

What is the name of your state (only U.S. law)? Ohio

My Husband and I are paying off a Chapter 13. Where we currently live, we are on a month to month Tenancy. Because of the slow economy, for the last eight months, my Husband was only working part-time. Our Landlords have raised our rent so high, we were forced to move. They now are threatening to take us to small claims court for monies owed (for repairs). Legally they can not, is that correct and also, when I file an answer with small claims court, is that what my answer is, "we are currently in Chapter 13 Bankruptcy and we have an automatic stay?" Please advise. Thank you for your help.

 

[bigun]

I'd suggest you allow your bk attorney to write the letter before, they sue.
A letter from a lawyer with a warning about violating the automatic stay may encourage them to drop the matter. If it doesn't, they may well have to write you a check if they continue to try and collect.