Q: After Magistrate rules subject owes rent & property damage, he files bankruptcy. Is he freed of the monies he owes me.
Does the landlord have any recourse?
A:
Rent arrearages and civil damages are debts dischargeable in bankruptcy (so the debtor would not be liable for the money after a successful bankruptcy case). There may be circumstances where a landlord could fight to have the case dismissed, perhaps for a bad faith filing. However, the threshold to prove bad faith is high (not just that debtor files bankruptcy to get out of paying this debt, that's normal). You can speak to a local bankruptcy attorney to see if the specific circumstances of your situation warrant involvement.
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