In Oct 2000 I filed for ch 7 and it was discharged in 1/01. Well I was leasing an apartment at the time and they became extremely rude and we just left 2 months before lease was up in 1/01 before my bk was discharged. Well they sent it to a CA and the debt was $4100 for breaking lease fees, concession fees, and replacing carpet. Will the ch 7 dimiss any of this? And what are odds of CA suing me? I had looked at thier list of charges and $1500 I could dispute as they have no proof, such as dog charges when I didn't have a dog etc. Any information would be very helpful Thanks everyone!!!!!!!!!!!!!!!!!!!!!
...only if you included the debt on your schedules when you filed. Only those debts specifically listed are discharged. Did they do anything funny with your deposit? You may have some recourse if they didn't follow the letter of the law in your state (i.e. crediting interest if interest is payable). Good luck, mj
We didnt' have to put down a deposit. My lawyer said though if I had a debt that I didnt' know I could then send them a copy of my discharge papers and it would be covered... I've done this for a few CA's. My main question is would it be covered if it was discharged after we moved out, or is it when I filed? And since I signed the lease etc before I declared BK would it be covered under the BK. Thanks again
Sounds like you may have misunderstood the lawyer - the normal procedure is for you to include absolutely any and every thing you owe in the BK schedules -- even newspaper bill, long distance ... all of it (except for any cards you want to keep out of the BK). After the discharge is granted - that's it, nothing can be added or changed... and you can't file again for (I think) 7 years. I've heard of some folks sending discharge notices to CAs to get them off of their backs, but if the debt wasn't specifically discharged (on the schedules - you should have a copy of them), it's still a valid, collectable debt. Check with your Att'y - -mj
