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Can you exempt moeny owed to you?

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    Can you exempt moeny owed to you?

    I have a tenant I need to evict, owes 2 months back rent. Don't plan on re-renting until after bk is concluded. I can pay to pursue the back rent when I file for eviction ($1300 in rent + damages). I don't want to hold up my bk tho waiting on trustee to get the money from this tenant. What can I do? Forgive the debt, or do I not have that option? It could take a long time to collect from her, she may have changed jobs. I don't want to run into problems with the trustee. Any advice?

    #2
    It doesn't matter as the issue doesn't really hold up your BK. It is still an asset regardless if your forgive it.

    As for exempting it, yes, IF there is an exemption that can be used for it which would only be a wild card or some sort of catch all exemption.

    It really doesn't matter if your case is asset or no asset, all an asset case means is the case stays open "administratively" longer. But you still receive your discharge when you normally would. So don't worry about it.
    Last edited by HHM; 05-11-2011, 12:12 PM.

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      #3
      Originally posted by HHM View Post
      It doesn't matter as the issue doesn't really hold up your BK. It is still an asset regardless if your forgive it.

      It really doesn't matter if your case is asset or no asset, all an asset case means is the case stays open "administratively" longer. But you still receive your discharge when you normally would. So don't worry about it.
      Thanks HHM. So my discharge should arrive in the normal time frame, and any changes I might want to make after bk (like lowering my insurance, now that I don't need to generate expenses for my Schedule J) can be done? I guess I was worried everything would be on hold while trustee tries to collect. How does the trustee tell the difference between giving someone money (daughter, over 1 year ago, $2000 to buy a vehicle), and a debt that is owed?

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