Legal Question in Bankruptcy in Pennsylvania

I am the landlord of a single unit townhouse and my tenant filed Ch 7 bankruptcy. She was two months behind in rent plus late fees at the time of filing. I had filed for eviction but it was halted by the stay and she remained in my house for another two and a half months before finally moving out. She has not paid any 'post petition' rent for those months and the house has significant damage from her dogs. She was a referral from a (former) friend and I discovered too late that she has a history of defaults and damaging rental properties. She is full time employed and has not suffered any personal loss or illness to my knowledge. Her lawyer has not responded to my inquiries about the post petition rent. The bankruptcy clerks office has not returned my calls. The deadline for objections is coming up soon. I would like to object to discharge of the back rent (fraud and willful injury) and collect on the post petition rent. Do I have any practical chance of success or should I just cut my losses and move on?


Asked on 9/22/10, 6:08 pm

1 Answer from Attorneys

Ellis Klein Young, Klein & Associates

You certainly can object to dischargeabiity and also file a Motion for Relief to evict the tenant.

I would need additional information from you to properly advise. My firm has been handling consumer bankruptcy cases for over 20 years and we have handled over 5,000 cases.

Please call for a free consult.

Ellis Klein, Esquire

215-639-5297

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Answered on 9/28/10, 10:38 am


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