Legal Question in Bankruptcy in Massachusetts

My landlord illegally withheld my apartment security deposit when I moved out (apartment in Massachusetts). I sued him and now have a judgement from MA small claims court against him for the amount. He declared chapter 11 bankruptcy. Can my legal judgement against him be discharged as unsecured debt (or in any other way) in chapter 11?

Asked on 1/06/13, 1:17 pm

2 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

Bankruptcy Answers To have a secured debt, you usually have to go one step farther than to obtain a judgment. You need to record your judgment in the county clerks office where the property is located prior to the bankruptcy. Otherwise you're just an unsecured creditor.

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Answered on 1/06/13, 1:25 pm
Steven Striffler Steven R. Striffler Attorney At Law

Yes; however, you may have a claim to contest whether the debt is dischargable. Feel free to give me a call. 617-290-1573.

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Answered on 1/11/13, 12:27 pm


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