We filed a CH 7 bk in June of this year and listed our landlord as a creditor since we had a lease that we knew we couldn't continue in after the BK. We advertised the house and showed it to many people, answered questions, fielded phone calls and found them a renter who qualified through their application process and according to them moved in the day we moved out.
We had a security deposit on hand with the management company equal to one months rent and due to some other issues with the management company we witheld our last months rent and figured they could use the security deposit towards the last months rent and whatever was left for cleaning if needed. They only kept about 1/2. Basically they have about $200 of real charges listed, out of an $1100 deposit. If we had to go to court I could disprove darn near everything that she tried to charge us for. I'm tired of dealing with her and I just really want her to go away. I am also not sure what we're supposed to do with this check. We have an agreement on our current place that whatever (if anything) we were refunded from the old place was supposed to go towards the new place so I know I have to write this new guy a check for this $560, but I don't know if in the end I have to turn over $560 to the Trustee or what. I didn't claim it as exempt on my schedules because #1 we didn't expect to get a dime back, and #2 I couldn't find an exemption for it.
Obviously I don't want to cash the check and get in trouble with the bankruptcy court, nor do I want to 'accept' the check and charges by cashing the check because if she sues us of course I'll dispute most of the items she has listed on the statement. However, if I need to amend and figure out a way to exempt it I need to get it done since we're supposed to be discharged around Sept 10th.
What I'm wondering is, why wouldn't they keep the rest towards the rent? What they refunded us would have about covered what was unpaid in rent. Also does anyone know if they can sue us? What we were told by an attorney we consulted about the lease was that no they can't because it was a lease, which was signed before filing and that they basically turn into an unsecured creditor after the house is surrendered. Any thoughts?
We had a security deposit on hand with the management company equal to one months rent and due to some other issues with the management company we witheld our last months rent and figured they could use the security deposit towards the last months rent and whatever was left for cleaning if needed. They only kept about 1/2. Basically they have about $200 of real charges listed, out of an $1100 deposit. If we had to go to court I could disprove darn near everything that she tried to charge us for. I'm tired of dealing with her and I just really want her to go away. I am also not sure what we're supposed to do with this check. We have an agreement on our current place that whatever (if anything) we were refunded from the old place was supposed to go towards the new place so I know I have to write this new guy a check for this $560, but I don't know if in the end I have to turn over $560 to the Trustee or what. I didn't claim it as exempt on my schedules because #1 we didn't expect to get a dime back, and #2 I couldn't find an exemption for it.
Obviously I don't want to cash the check and get in trouble with the bankruptcy court, nor do I want to 'accept' the check and charges by cashing the check because if she sues us of course I'll dispute most of the items she has listed on the statement. However, if I need to amend and figure out a way to exempt it I need to get it done since we're supposed to be discharged around Sept 10th. What I'm wondering is, why wouldn't they keep the rest towards the rent? What they refunded us would have about covered what was unpaid in rent. Also does anyone know if they can sue us? What we were told by an attorney we consulted about the lease was that no they can't because it was a lease, which was signed before filing and that they basically turn into an unsecured creditor after the house is surrendered. Any thoughts?
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