The clerk might be thinking of 11 USC 523(a)(16) as to HOA/condo
fees, but this does not apply to rent.

--
Brett


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* Personal Injury/Malpractice Bankruptcy *
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* BRETT WEISS, P.C. *
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The Small Print: This response is for discussion purposes only. It
isn't meant to be legal advice and you shouldn't treat it as such.
If you want legal advice, speak with a local lawyer familiar with
your state's laws who can review *all* of the facts and the law
applicable to your situation.
************************************************** ***************


"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!