Legal Question in Bankruptcy in Delaware

I have a tenant who signed a lease 11/1/15.has paid rent as agreed except for current month august. she filed bankruptcy 2/22/16 case was closed 5/22/16. Can I file for judegment and possible wage attachment. OR was the lease canceled or voided in bankruptcy.I was never notified by the court about her bankruptcy.She is still in the property

Asked on 8/29/16, 12:43 pm

1 Answer from Attorneys

Bruce McCullough Bodell Bove', LLC

Three months is very quick for a bankruptcy case. It may have been dismissed rather than discharged. Dismissed means that the case was thrown out, perhaps because the debtor did not file all necessary forms. The court docket should be checked to see the status.

The debtor has to list existing contracts on Schedule G and your lease should have been listed. That would trigger you getting notice of the bankruptcy from the Court. Your not being notified of the bankruptcy suggests she did not list your lease. A debtor does have the right to cancel a lease and stop paying but they also have to vacate the property.

Feel free to contact me if you would like to engage my services to look into this further.

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Answered on 8/29/16, 1:15 pm

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