Gloucester, VA asked in Bankruptcy and Landlord - Tenant for Virginia

Q: My tenant has moved out. They owe us over $3000. Can this be cancelled under a Chapter 7?

My tenant has moved out. They owe us over $3000 and I have been to court to obtain a warrant in debt and a garnishment. I just received a phone call from a law firm stating that the tenants have filed Chapter 7 bankruptcy. I asked them to mail me printed documents to prove they filed bankruptcy because the couple who lived in our home without paying rent are very sneaky and I wouldn’t put it past them to have a friend call me to tell me they filed bankruptcy just to see if I will believe it and will leave them alone.

Assuming the chapter 7 bankruptcy is legit, and they actually filed it, is there anyway I can still get the money they owe me since I have a warrant in debt and a garnishment? I am not some big corporation that rents out tons of houses and makes millions of dollars. I am a mom and wife who is trying to make ends meet by renting out our old house that we were not able to sell.

Does having a warrant in debt and garnishment summons help me at all?

Thank you!

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: You have a right to ask for a copy of the bankruptcy filing. If they in fact filed a chapter 7 bankruptcy, your debt will probably be discharged and thus wiped out.

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You have a right to notice of the bankruptcy. Unfortunately, if it is legit and it is discharged, your debt will likely debt discharged as well and you will not be able to pursue it further.

1 user found this answer helpful

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