Q: Landlord left off mailing matrix in chapter 13 filling, should I just wait until bankruptcy is dismissed to file claim?
Our tenant filed Chapter 13 bankruptcy in December 2018 but did not tell me until 72 days after filling (informally forwarded email from BK trustee saying their filing was approved).
I was never notified by the bankruptcy trustee, am not listed as a creditor on the mailing matrix, and never not had the chance to file a proof of claim. Total rent owed at move out was $7000, with additional $4000 in fees and damage (documented).
1 year into the bankruptcy, their trustee has filed motion to dismiss case for failure to make planned payments ($3000 behind). The bankruptcy was almost dismissed, but is still in force and now they must strictly adhere to payment schedule.
If getting maximally paid eventually is the priority, should the landlord write to the trustee notifying that he was left off the matrix and file a proof of claim, or just wait until bankruptcy is dismissed to and sue for back rent then?
A: If you think bk is going to be dismissed, wait until it is dm and then sue the debtor.
1 user found this answer helpful
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