Charles Strickland
07-02-2003, 02:42 PM
Just do what you can to get them out and forget about the money. You aren't
going to get any.
"c" <junk_c@SPAMBLOCKER.com> wrote in message
news:kCGMa.3553$351.1317935@twister.nyc.rr.com... Hey, I was wondering if anybody can point me to any information on tenants who declared bk chap7. Here is the rundown of my situation: I brought a holdover case against them in September 2002. 30 day notice
said to be out oct 31. They stopped paying rent in Sept. (no rent from 10/02 - 7/2/03). The resolution part in housing court in Nov. 2002 did nothing,
and went to trial on 12/04/02. On 12/03/02 they filed for 7bk. The trial on 12/4/02 ended in a dismissal without prejudice. I got the bk notice the
next day. They included the rent for Oct, Nov, and Dec '02 on the schedule of debts. Everything got discharged and the cases closed at the end of April.
I served them with the holdover again, and they agreed in court to leave on 6/30. They came to me on that day and said they needed two more days in order to take care of what garbage is left in the apt. So they should be going today! yeah! I called the bk court today to verify they are responsible to pay anything owed post filing day, and it was verified. Then the lady asked when they moved, and I explained they are moving today. She told me that there is a provision in the bk law that states only rent from an apt they have moved out of can be discharged. Since they stayed in the apt under the
protection of bk and have not come current, she said I am entitled to all rent owed, including the 2+ months included in the bk filing. Any thoughts? Resources? I know the first thing I will be told is to get a lawyer. The problem with that is it will cost almost as much as what I am owed to be represented by a lawyer, if not more, and it is going to difficult (for various reasons) to collect on any judgment I get in court. Thanks for any help, I wish I found this ng 10 months ago!
going to get any.
"c" <junk_c@SPAMBLOCKER.com> wrote in message
news:kCGMa.3553$351.1317935@twister.nyc.rr.com... Hey, I was wondering if anybody can point me to any information on tenants who declared bk chap7. Here is the rundown of my situation: I brought a holdover case against them in September 2002. 30 day notice
said to be out oct 31. They stopped paying rent in Sept. (no rent from 10/02 - 7/2/03). The resolution part in housing court in Nov. 2002 did nothing,
and went to trial on 12/04/02. On 12/03/02 they filed for 7bk. The trial on 12/4/02 ended in a dismissal without prejudice. I got the bk notice the
next day. They included the rent for Oct, Nov, and Dec '02 on the schedule of debts. Everything got discharged and the cases closed at the end of April.
I served them with the holdover again, and they agreed in court to leave on 6/30. They came to me on that day and said they needed two more days in order to take care of what garbage is left in the apt. So they should be going today! yeah! I called the bk court today to verify they are responsible to pay anything owed post filing day, and it was verified. Then the lady asked when they moved, and I explained they are moving today. She told me that there is a provision in the bk law that states only rent from an apt they have moved out of can be discharged. Since they stayed in the apt under the
protection of bk and have not come current, she said I am entitled to all rent owed, including the 2+ months included in the bk filing. Any thoughts? Resources? I know the first thing I will be told is to get a lawyer. The problem with that is it will cost almost as much as what I am owed to be represented by a lawyer, if not more, and it is going to difficult (for various reasons) to collect on any judgment I get in court. Thanks for any help, I wish I found this ng 10 months ago!
