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    stones123's Avatar
    stones123 Posts: 16, Reputation: 1
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    #1

    Nov 6, 2008, 08:30 AM
    Ex- Renter is filing bankrutcy can he add us too his claim?
    We had a renter that owes us money for back rent, utilties, and property damage. He has since told us he is filing bankruptcy but was not going to add us to the claim. I do not believe that. However my question is, can he add what he owes us to his bankruptcy claim?
    How long can he wait to file bankruptcy if he is waiting on us to give him a final bill. Which is what I think he is doing, because all of a sudden he is calling & asking if we have a fianl bill for him. We are putting it off till we get a few question answered.

    What can we do to keep are claim of what he owes us out of the bankruptcy.
    Can we take him to court first before we give him the final bill because of what he owed us before we added all of the property damage?

    Any help greatly appreciated. So many question to ask on this matter.:confused:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 6, 2008, 01:03 PM

    You can not stop him from adding you to the bankrutpcy, in fact it would not be legal for him not to add you, the person can not exclude one debtor and add another.

    So if he files for bankutpcy you will be included. He does not have to wait for a final bill. He can merely list you at one dollar and then have you added for the debt owed. But he may not know he does not need a final bill.

    If you have not provided him what he owes and asked him to pay, I doubt ou can file for a judgement. But even if you go to court first and get a judgement he can still file for bankrutpcy after you get a judgement.
    stones123's Avatar
    stones123 Posts: 16, Reputation: 1
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    #3

    Nov 6, 2008, 01:58 PM

    Thank You for your help.

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