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If you paid an upfront fee to a lawyer to file Chapter 13 bankruptcy on your behalf and they never filed your case, you might be wondering if you can get that money back.
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If the landlord has already obtained a judgment of possession prior to the bankruptcy case being filed, a debtor must deposit an escrow for rent with the Bankruptcy Court, and the stay may be lifted if the debtor does not pay the landlord in full within 30 days thereafter, §362(b)(22). [8]
A landlord's deductions from a tenant's security deposit must be reasonable. The landlord may make deductions for missing rent payments and for damages beyond ordinary wear and tear, which is the subject matter's depreciation or deterioration in value by reasonable and ordinary use by the tenant.
However, if the landlord receives an eviction judgment from the court before you file bankruptcy, they can proceed with the eviction regardless of the automatic stay. Landlords also have the ...
Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. [1]
Here's how tenants can improve their chances of getting back most or all of their security deposit. Skip to main content. 24/7 Help. For premium support please call: 800-290-4726 more ...
The stay does not stop an eviction proceeding if the landlord has already obtained a judgment of possession prior to the bankruptcy case being filed, § 362(b)(22). The stay also would not apply in a situation where the eviction is based on "endangerment" of the rented property or "illegal use of controlled substances" on the property, § 362(b ...