Tenant Files Bankruptcy

On June 16, 2010, in Bankruptcy, Landlord-Tenant, by Robbie L. Vaughn, Esq.

Tenant Files Bankruptcy

What happens if my tenant files bankruptcy?

Back Rent

If the tenant owed back rent and filed for chapter 7 bankruptcy, that debt is now likely discharged. This means that you will never be able to collect the rent that was owed to you at the time the tenant filed for bankruptcy. The tenant can voluntarily pay you, but you can not attempt to collect that past due rent while the automatic stay is in effect or after the debt is discharged. Such attempts would be either a stay or discharge violation.

Eviction

If you were in the process of evicting your tenant when they filed for bankruptcy, that eviction action is now likely stayed. This means that you will have to make a “lift stay” motion and have it granted by a Bankruptcy Court Judge in order to continue with the eviction in Landlord-Tenant court. However, under certain specific circumstances you will be allowed to continue with the eviction despite your tenant having filed for bankruptcy.

Long Island Landlord Tenant Attorney

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

Your Credit Score After Filing Bankruptcy

On June 3, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

How does filing a chapter 7 case affect a person’s credit score?

It will usually worsen it, if that is possible. If you haven’t been paying your bills, your credit score is likely already pretty low and doing further damage should be the least of your worries. With that being said, we can pull a credit report which will project what your score will be one year after filing bankruptcy. Often, the a person’s credit score is projected to increase one year after they file for bankruptcy.

How does filing a chapter 13 case affect a person’s credit score?

It may worsen it, at least temporarily. However, if most of a person’s debts are ultimately paid off under a chapter 13 plan, that fact may be taken into account by credit reporting agencies. If very little is paid on most debts, the effect of a chapter 13 case on a person’s credit rating may be similar to that of a chapter 7 case.

Obtaining Credit after filing bankruptcy

The fact that you filed for bankruptcy can remain on your credit report for up to ten years. However, there are some financial institutions that solicit business from people who have recently filed bankruptcy under chapter 7. This is likely because it will be at least 8 years before they can file another chapter 7 case and discharge their debts.

Bankruptcy Attorneys in Mineola

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy lawyer.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

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Bankruptcy Attorney. Bankruptcy and The Automatic Stay

On May 13, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

The Automatic Stay

The filing of a chapter 7 or Chapter 13 bankruptcy case automatically stays (stops or suspends) virtually all collection attempts (including those harassing phone calls), attachments, garnishments, foreclosures, and other actions by creditors against the person filing (the debtor) and their property. A few days after a chapter 7 or 13 bankruptcy case is filed, the court will mail a notice to all creditors ordering them to refrain from taking any further action against the debtor. Any creditor who intentionally violates the automatic stay may be held liable in damages to the debtor.

However, criminal proceedings and actions to collect domestic support obligations are not normally stayed. The automatic stay also does not protect cosigners and guarantors of the person filing, and a creditor may continue to collect debts from those persons after the case is filed (chapter 7) or completed (chapter 13). Also, debtors who have had one or more recent bankruptcy cases dismissed may have the automatic stay shortened or denied altogether.

Caveat: A creditor could make a motion to “lift” the automatic stay. Such a motion, if granted, would allow that creditor to continue collection efforts against the debtor or their property.

Bankruptcy Attorney in Mineola

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Turnpike in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

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Chapter 7 or 13 Bankruptcy Case by Spouses

On May 4, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

Husband and wife joint bankruptcy filing.

Yes, a husband and wife can file a joint bankruptcy case under chapter 7 or chapter 13. When a joint bankruptcy case is filed, only one bankruptcy petition is filed and only one filing fee is paid to the court. However, both husband and wife must complete the required pre-filing credit counseling course and the required post-filing financial management course. The more difficult question is whether or not spouses should file a joint bankruptcy case. A knowledgeable bankruptcy lawyer can assist you in making that decision.

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

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