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Is a court order for payment dischargeable in bankruptcy

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  • 09-15-2005, 02:15 PM
    DENISE CAMPBELL
    Is a court order for payment dischargeable in bankruptcy
    I "ALLOWED" A FRIEND TO STAY IN MY HOUSE AFTER I GOT ENGAGED AND MOVED IN WITH MY FIANCE SO IT WOULD NOT BE EMPTY. tHEY AGREED TO PAY THE HOUSE PAYMENT OF $450 AND THE G&E. SHE WAS UNABLE TO HAVE THE G&E PUT IN HER NAME, SO I AGREED TO LEAVE IT IN MY NAME , BUT SHE WAS RESPONSIBLE FOR PAYING IT. I EVEN ALLOWED THEM TO USE MY FURNITURE SINCE THEY HAD NONE.
    HER AND HER HUSBAND ( AND YOUNG SON WHO LIVED W/ GRANDMA DURING THE WEEK) MOVED IN IN NOVEMBER AND IN JANUARY HE LOST HIS JOB. SHE CONTINUED TO WORK AND PAY ME WEEKLY AND KEPT UP UNTIL IN JUNE WHEN HER HUSBAND BURNED HIS LEG AND SHE TOOK A WEEK OFF WORK TO TAKE HIM BACK AND FORTH TO PHYSICAL THERAPY. (THE BURN WAS RELATED TO DRUGS I FOUND OUT LATER) I GAVE THEM A 30 DAY EVICTION NOTICE AND THAT THE DAMAGE DEPOSIT SHE INSISTED ON PAYING WITH HER INCOME TAX IN JULY AND AUGUST I AGAIN GAVE THEM EVICTION NOTICES OR I WOULD SEE MY LAWYER. I WON A JUDGEMENT OF $1800 WITH A DAILY 9% INTEREST ON THE
    BALANCE AND THEY WERE ORDERED OUT OF THE RESIDENCE BY SEPTEMBER 15th.
    I FOUND OUT THRU FRIENDS THAT WHEN THE HUSBANDS FATHER HAD PASSED AWAY IN JULY, EACH OF THE CHILDREN RECEIVED $10,000, BUT IT DID NOT GO THRU PROBATE AND CAME DIRECTLY FROM HIS MOTHER- WHO GAVE HIS $ TO HIS SISTER TO CONTROL.
    THEY BOUGHT A MOBILE HOME IN A NEARBY CITY-WITH $800 CASHAND 1ST & LAST LOT RENT. I TOOK THEM BACK TO COURT WHEN NO PAYMENTS WERE RECEIVED ON EVERY FRIDAY AS THE COURT OREDERED. THEY BAILED OUT FOR $100 EACH AND GAVE MY LAWYER$400. THEY DID NOT CONTINUE ANY PAYMENTS, SO A SECOND WARRANT WAS ISSUED AND AGIN THEY EACH BAILED OUT FOR $100. THE 3RD TIME THEY DID NOT PAY A WARRANT WAS ISSUED FOR $750 EACH, NO 10%. BEFORE THEY COULD GET THE WARRANT SERVED, THEY FILED BANCKRUPTCY, AND MY LAWYER SAID I AM SOL. WHY SHOULDN'T THE WARRANT ISSUED 2 WEEKS BEFORE THEY FILED FOR BANKRUPTCY TAKE PRECEDENCE AND NOT BE INCLUDED IN THE BANKRUPTCY?
    I TRIED TO MAKE THE 1ST HEARING OF THEIR BANKRUPTCY, BUT WAS GIVEN THE WRONG DIRECTIONS AND I GOT THERE 10 MINUTES AFTER THE HEARING WAS OVER.
    DO I HAVE ANY RECOURSE SO THAT I CAN BE EXCLUDED FROM BEING PAID? ???
  • 09-15-2005, 08:02 PM
    aaron
    Bankruptcy & Back Rent
    It sounds like the judgment was discharged as an unsecured debt, as part of the bankruptcy.
  • 09-16-2005, 01:37 PM
    DENISE CAMPBELL
    THANK YOU FOR REPLYING SO QUICKLY REGARDING MY QUESTION ABOUT BANKRUPTCY. I AM SO HAPPY TO HAVE FOUND YOUR WEBPAGE. I HAVE ALREADY SUGGESTED IT TO A FAMILY MEMBER AND SOME FRIENDS.

    AS FAR AS I KNOW, I MISSED THE INITIAL HEARING. CAN I SEND A LETTER TO THE COURT OR OR JUDGE OR EVEN POSSIBLY ATTEND THE NEXT HEARING TO PROTEST? I AM SO DISATISFIED WITH MY LAWYER, BUT I WENT TO SCHOOL WITH HIM, AND HIS DAD WAS VERY GOOD UNTIL HIS DEATH. AND HE TOOK MY CASE WITHOUT ANY MONEY UPFRONT- JUST ON % OF RECOVERY.
    EVERYONE KEEPS TELLING ME TO FORGET IT, IT'S DONE... BUT I AM A FIGHTER FOR WHAT I BELIEVE IN.( I HAVE ANOTHER PROBLEM I NEED TO FIND SOME ANSWERS BUT I WILL SAVE THAT UNTIL THIS ONE IS FINISHED AND THE "FAT LADY SINGS".
    AGAIN, THANK YOU FOR YOUR REPLY SO QUICKLY. I'M SURE I WILL HEAR FROM YOU AGAIN ON THIS LAST QUESTION.

    HAVE A GREAT WEEKEND!
  • 09-16-2005, 04:00 PM
    Mr. Knowitall
    Bankrupt Tenant
    Unfortunately, landlords lose out like this all the time. There was probably nothing that your lawyer could do, and there's probably no chance of upsetting the order of discharge.
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