Getting sued by landlord after filing Chapter 7 Bankruptcy

Asked over 1 year ago - Springfield, IL

I'll keep this brief. I was sued back in October 2012 by an ex landlord for rent and cleaning in the amount of $3125. It was a bad situation involving a crazy ex and me fleeing for my life. Anyway, I missed the court date and he got the default judgement, and soon the wage garnishment kicked in. It got the the point that I couldn't afford my living, so I filed Chapter 7 Bankruptcy pro se, and just received my discharge, which included his suit. Now I just got served by him claiming I owe nearly $5,000 to him for "damages and storage of rental items". Is this in violation of the bankruptcy?

Additional information

Thank you Diane. I will do so.
Does it make any difference that he is calling these two different things? The first time, he called it "Rent and Cleaning" with a $3,125 pricetag, and now he's calling it "Damages and Storage" with a $4,950 pricetag. I imagined that since it was a "No Asset" case, and he was included in the discharge initially, it wouldn't matter...but I know there can always be a gray area.

Thanks again.

Attorney answers (3)

  1. Alan D. Walton


    Contributor Level 19


    Lawyers agree


    Answered . I suggest you find an attorney to assist you. In the circumstances you describe, I would be reopening the case and filing a motion in the bankruptcy court to find the landlord in contempt of court. The blatant disregard of the bankruptcy laws by your landlord needs to be met with a serious response. You should also consider a motion to recover garnished funds taken in the 90 days before you filed the case (although, if the case is closed you may be out of luck). You should not have done this alone, as you are not at all versed in the nuances of the bankruptcy code. An attorney now may help you get a better fresh start than you managed on you own.

  2. Diane L Gruber


    Contributor Level 18


    Lawyers agree


    Answered . Yep! Big time violation. If you have not yet been served a Complaint, just mail him a copy of your bankruptcy Notice and a copy of your Discharge. If he has had you served with a Complaint, just mail this documents to the court where the suit was filed. Be sure to put the Complaint case number on all these BK documents. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  3. Henry Repay

    Contributor Level 16


    Lawyer agrees

    Answered . Speak with the attorney who handled your bankruptcy. I agree the landlord's actions sound like a violation of your discharge and a claim can likely be pursued. The question is whether it is worthwhile or whether you would be satisfied if a letter threatening action against the landlord would simply end the contact. The letter also sets up your claim better if it is disregarded. The only remote thing I can see from the information you have given, depending on how things played out, is some type of argument that you should have dealt with the storage of your stuff at the time of the bankruptcy and that there are now post-bankruptcy fees,

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,188 answers this week

3,309 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,188 answers this week

3,309 attorneys answering