Legal Question in Landlord & Tenant Law in Maryland

Security Desposit

Deposit never returned, filed small claim case, court date 12-04. rented unit under a corporation name and resident agent/owner has now filed a personal bankruptcy ch.13 on 10/4/04.

question is: should I still keep my dec. court date? what are my legal option here?


Asked on 10/27/04, 9:59 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Security Desposit

Although a small claims case, unfortunately, the matter is certainly now complex enough that you need to retain an attorney.

Although bankruptcy has been filed, you should appear in state court as scheduled, if only to avoid an outright dismissal of your case (i.e. for failure to appear.) If there is indeed a valid bankruptcy case pending, the debtor's attorney should have filed notice with the court by that time, with a copy to yourself. If no notice has been filed, you should advise the judge of the bankruptcy filing (bring a copy of any notices you have received). At that point, the judge will probably stay the proceedings in the state court until the bankruptcy is resolved. You will need to file a claim in the bankruptcy court.

Consult an attorney. Please contact me, see below, or at 973-605-8995, if you wish to discuss retaining my services.

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Answered on 10/28/04, 11:35 am


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