Legal Question in Bankruptcy in California

A tenant of mine stopped paying rent on a lease in late November 2011 and vacated the property during the term of the lease. She then filed a chapter 7 bankruptcy which discharged all her debts in the year 2012 or 2013. However, in her bankruptcy filing, she did not mention me as a creditor.

The statute of limitations for a written contract is 4 years. Therefore, I have until late November to sue her for the lease breach. Can she now amend her bankruptcy filing from the year 2012-2013 and include me as a creditor in her Chapter 7 discharge?

Asked on 10/21/15, 12:39 pm

2 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

Even absent timely notice, if there had been no distribution to creditors and no basis for objection to discharge, then consistent with applicable 9th Circuit law, the debt was presumptively discharged notwithstanding its omission from the bankruptcy schedules. The debt cannot be collected and attempts to do so would constitute a violation of a federal injunction.

Disclaimer: this answer doesnít address all facts & implications of the question; itís general bankruptcy info, not legal advice to be relied upon. The answer creates no attorney-client relationship. Laws are subject to change and local practices vary.

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Answered on 10/21/15, 12:56 pm
Michael Avanesian Avanesian Law Firm

The key step in the analysis of Mr. Abrams's answer is whether the bankruptcy was an asset case or not. If it was a no asset case, you are out of luck.

If it was an asset case, then other things come into play. Like whether you knew about the bankruptcy etc.

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Answered on 10/21/15, 1:04 pm

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