Posts Tagged ‘landlord’

how do I get my rental deposit back from someone who's filed chapter 13 bankruptcy?

my landlord says he can’t pay me my deposit because he has no money and has completed his filing for chapter 13. A legal advisor said I could sue in small claims but said whats the point, I may get a judgement but the person has no money. Could I put a lein on his property?

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What can I do to delay an eviction in California?

I have been told that the sherrif will evict me thursday morning, but I get paid friday morning. I have asked for a 1 day extension through my landlord which they said they couldnt do. Is there any legal motion that I can quickly file that will buy me at least 1 extra day to settle the debt and avoid the eviction?
I wasnt able to pay my rent in july and now they have added august to the payment. I have been told straight up by my landlord that if they have the money even 1 minute before the sherrif arrives, they will stop the eviction.. I just cant get that 1 day i need..

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Is there a reasonable alternative to bankruptcy?

I was laid off in February of 2009 and have not been able to find a good job since. I have been without medical insurance for almost 3 years and have to pay out of pocket for a required medication costing roughly 0 per month. I have moved back into my mother’s house (I’m 26) and I am overdrawn on my bank accounts every week just from paying off my car, my storage (I moved home from another state since I could no longer afford rent,) my medicine, groceries, and then attempting to make payments on my debt. I have spoken with a credit counseling organization (MMI) and they have offered me a plan by which I would pay them about 0 per month. This plan would entail 0 per month for debt payment, 5 for car payment, 5 for my student loan, 0 for medicine and 5 for storage of all of my possessions. This is 95 per month. It does not include food. It does not include emergency preparation. And it is also 0 over my monthly income.

Issue #1: I need a new job. On average, I apply for 20-30 jobs PER DAY. I have been told that, since the economy went bust, EVERYONE checks the credit of a potential employee. Obviously my current poor credit is enough to render me unhireable. If I declare bankruptcy, how much worse can (will?) my job hunting situation be? I currently temp at a front desk for just 30 hrs a week, no benefits.

Issue #2: I need to be able to move out of my mother’s house. She is very kind to have opened her home to me when I am in such need, and I try very hard to stay out of her way, but she makes it very clear that it’s a huge burden on her to have me around (I know she is right, but it makes it no easier). She is also 100% against me declaring bankruptcy, not only for the impact it will have on my life but for the stigma it will bear on hers. I need to be able to have my own place again. But, my current credit is so poor AND declaring bankruptcy would remain for 10 years on my credit report, that no one would possibly rent to me. Which is less devastating to a potential landlord? Terrible credit and a ridiculous debt-to-income ratio, or a recent bankruptcy claim?

Issue #3: My car is currently worth about k less than what I still owe. I have tried to sell it back to the dealership, they charged me k and even when I left the car with them, they immediately called me back to pick it up because apparently something in the undercarriage was repaired wrong (oh and getting my k back was a real hoot, let me tell you.) It has already been repo-ed once and I had to pay money I didn’t have to get it back. I have tried selling in private forums, I have tried refinancing, I don’t know what else I can do. No one will buy a car worth almost ten grand less than they’re paying. I want very much to keep it, but I can’t afford it. And yes, simply letting it go would COST ME MONEY. Dave Ramsay says, "sell the car." What would Dave Ramsay suggest in this situation?

Issue #4: I have no savings. If I declare bankruptcy, I will be living off of my income alone (my savings deteriorated during my time when I was unemployed, after which my debt increased exponentially. HOWEVER. If I declare bankruptcy and can divide my piffle paycheck so that at least SOME of it can go towards savings, then at the end of ten years when the bankruptcy falls off my credit report I will have something, instead of nothing. Or just…more of the nothing I have right now.

Issue #5: I can’t pay these bills. (see the price outline in the first paragraph.) Won’t these companies just sue me anyway, if I don’t declare?

Look. I love and respect my mother (who is not a financier.) I do not want to make her sad because her daughter went bankrupt before the age of 30. But let’s be realistic here. How much worse could my situation POSSIBLY GET if I declare, file for Chapter 7 and get my debts forgiven so that I may begin to rebuild.

I would very much appreciate ANY input, on a REALISTIC, REASONABLE alternative to me filing for bankruptcy. I have listened to "Financial University" by Dave Ramsey about 1000x and I’ve read Suze Orman’s books and seen her show.

It would bring me so much comfort, and I would so appreciate it, if my peers on yahoo who have experience or knowledge with this kind of thing could reach out and give me their honest, informed opinions.

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How long can a tenent stay if the landlord files chapter 7 and can the house be purchased?

my landlord is filing chapter 7 and I was told that I had to be out in 30 days. Is this true? Also, can the house be bought for less than is actually owed?

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File chapter 7 bankruptcy or debt consolidation?

ok I’m in a rut, and have been advised to file bankruptcy, but also advised not to. I have no credit card debt, it’s mixed with bills, phone bills, medical, and a previous landlord I owe a huge sum of rent to. Not sure which will better help my situation.

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My landlord is flirting with bankruptcy in Alberta, what steps do I need to take to protect myself?

My lease is almost up. The landlord is willing to extend my lease. I have some concerns. If he files for bankruptcy (this is not his residency, it is a condo that only I live in), would I lose my security deposit? Next, in Alberta, how much notice would I receive from the bank before having to move out? How quickly do these types of things proceed? Thanks!

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Is there a reasonable alternative to bankruptcy?

I was laid off in February of 2009 and have not been able to find a good job since. I have been without medical insurance for almost 3 years and have to pay out of pocket for a required medication costing roughly 0 per month. I have moved back into my mother’s house (I’m 26) and I am overdrawn on my bank accounts every week just from paying off my car, my storage (I moved home from another state since I could no longer afford rent,) my medicine, groceries, and then attempting to make payments on my debt. I have spoken with a credit counseling organization (MMI) and they have offered me a plan by which I would pay them about 0 per month. This plan would entail 0 per month for debt payment, 5 for car payment, 5 for my student loan, 0 for medicine and 5 for storage of all of my possessions. This is 95 per month. It does not include food. It does not include emergency preparation. And it is also 0 over my monthly income.

Issue #1: I need a new job. On average, I apply for 20-30 jobs PER DAY. I have been told that, since the economy went bust, EVERYONE checks the credit of a potential employee. Obviously my current poor credit is enough to render me unhireable. If I declare bankruptcy, how much worse can (will?) my job hunting situation be? I currently temp at a front desk for just 30 hrs a week, no benefits.

Issue #2: I need to be able to move out of my mother’s house. She is very kind to have opened her home to me when I am in such need, and I try very hard to stay out of her way, but she makes it very clear that it’s a huge burden on her to have me around (I know she is right, but it makes it no easier). She is also 100% against me declaring bankruptcy, not only for the impact it will have on my life but for the stigma it will bear on hers. I need to be able to have my own place again. But, my current credit is so poor AND declaring bankruptcy would remain for 10 years on my credit report, that no one would possibly rent to me. Which is less devastating to a potential landlord? Terrible credit and a ridiculous debt-to-income ratio, or a recent bankruptcy claim?

Issue #3: My car is currently worth about k less on what I still owe. I have tried to sell it back to the dealership, they charged me k and even when I left the car with them, they immediately called me back to pick it up because apparently something in the undercarriage was repaired wrong (oh and getting my k back was a real hoot, let me tell you.) It has already been repo-ed once and I had to pay money I didn’t have to get it back. I have tried selling in private forums, I have tried refinancing, I don’t know what else I can do. No one will buy a car worth almost ten grand less than they’re paying. I want very much to keep it, but I can’t afford it. And yes, simply letting it go would COST ME MONEY. Dave Ramsay says, "sell the car." What would Dave Ramsay suggest in this situation?

Issue #4: I have no savings. If I declare bankruptcy, I will be living off of my income alone (my savings deteriorated during my time when I was unemployed, after which my debt increased exponentially. HOWEVER. If I declare bankruptcy and can divide my piffle paycheck so that at least SOME of it can go towards savings, then at the end of ten years when the bankruptcy falls off my credit report I will have something, instead of nothing. Or just…more of the nothing I have right now.

Issue #5: I can’t pay these bills. (see the price outline in the first paragraph.) Won’t these companies just sue me anyway, if I don’t declare?

Look. I love and respect my mother (who is not a financier.) I do not want to make her sad because her daughter went bankrupt before the age of 30. But let’s be realistic here. How much worse could my situation POSSIBLY GET if I declare, file for Chapter 7 and get my debts forgiven so that I may begin to rebuild.

I would very much appreciate ANY input, on a REALISTIC, REASONABLE alternative to me filing for bankruptcy. I have listened to "Financial University" by Dave Ramsey about 1000x and I’ve read Suze Orman’s books and seen her show.

It would bring me so much comfort, and I would so appreciate it, if my peers on yahoo who have experience or knowledge with this kind of thing could reach out and give me their honest, informed opinions.

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How long after you file Bankruptcy would be a good time to apply for a home loan?

my husband and I filed for bankruptcy about 4 months ago and our landlord has given us the option to buy our house. We would love to do that because we love our house! But I don’t want to walk into a bank and have them laugh us out of the bank.
A friend of mine that works for a small loan company told me that the safest loan to give is to someone that has just filed bankruptcy because we would not be allowed to do it again in another 7 years

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Our landlord went bankrupt and now our house is owned by the courts.?

If the house sells, do we have to vacate before our original lease ends? To prevent foreclosure, how would we go about taking over the loan our landlord had?

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Is it worse to have a judgement against you or file for bankruptcy?

We are a small business and the landlord has raised our cam fees 400% in the last 3 years with no justification. They are virtually putting us out of business, so with 24 months left, we want to break our lease and move. Is it better to file for bankruptcy and reopen in our new location with a new name. We are going to make an offer, but I am sure they will not accept it and try to sue us and get a judgement. Out of the 2 worse case scenarios, which is worse?

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We are being sued! If we file for bankruptcy will our mortgage lender have to attend the hearing?

My husband is being sued for a car accident that he caused a year ago,for 0,000… we dont make alot of money and we recently bought our first home 4 months ago. If the plaintiff wins and we are not able to pay and he garnishes my husbands wages we will need to file for bankruptcy. Will our lender have attend the bankruptcy hearing and will this at all affect our loan with the mortgage lender? Thanks for your help!
lol..landlord, no of course not. The accident happened over a year and half ago and no, he was not hurt, he didnt even go in an ambulance and his car only had a dent in it…he is suing us for emotional damage and "physicall therapy" and loss of work…he is a total fraud and hopefully we will win in court but just in case we dont, I was just wondering…stop being so judgemental

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Can I file bankruptcy to save my landlords house?

My landlord is being forclosed on. I dont have any where to go. Is it true that if I file BK, my landlords house will be saved, so that I will not get kicked out?

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Collecting my security deposit from a landlord that is going bankrupt?

Here’s the my situation:

1. I am about to finish a one year lease on 6/30/2010. My landlord recieved from me security deposit equal to 2 months of rent
2. My landlord is in the process of loosing the house we live in and also another house where she currently lives. She had claimed in past phone calls that the reason she is not paying her mortgage payments was only so the bank would talk to her about modifying her loans, and that she has plenty of month on the side.
3. For the last 4 months the house has been offered in a public auction at the city’s but for some unknown reason every time the house is up for sale, its auction date gets pushed by one months. I have heard these are common cases that happen when the landlord still negotiates with the bank.
4. I tried to contact my landlord 2 weeks ago several times (wrote emails, left voice mails, sent text messages) and asked whether she will be interested in extending the lease on a month-to-month basis. She has not replied to any of my messages.

Her lack of response makes it pretty clear she is not interested in extending the lease agreement, and her financial situation makes me very worried about my two months deposit.

My plan is not to pay her for the month of June and assume/hope she won’t start an eviction process since she knows we will leave the house when the lease ends. This way I will save at least 50% of my deposit.

I was even thinking of emailing her and letting her know we intend to leave the house at the end of June and schedule time for a walk-out inspection.

The house is in mint condition and identical to how we got it when we moved in (I have this documented in writing and in photos) but I still think she will give me hard times and won’t pay me back my deposit. Any advise on how to collect my other 50% deposit?

Any other tip or advise?
Isn’t her financial situation, the fact that the house have been offered in auction several times, a reason for me to claim that she won’t be able to pay me back the deposit (anticipatory breach of contract)?

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If my landlord is going bankrupt and losing my home, can the bank evict me?

My mother is currently renting a home, and has been renting this home for a long while (Upwards of 10 years). She recently got a letter from her landlord stating that he is quite sure he will lose the house to the bank in the bankruptcy he is going through. He is not sure if she will be evicted, if they will just sell it to someone else and still let her live there while selling it, or of any other details that would benefit my mother greatly. The bank is a subsidy of Wells Fargo. I would like to know that, if her landlord loses her house, will the bank evict her after this month is past (She has paid rent for this month, and it is due again on the 1st of May), or will they continue to let her live there? If they do evict her, how long of a warning would she get before she has to vacate? She is interested in moving to an apartment complex, because her rent is 0 a month, and she is living off of social security payments right now with my two sisters, who are 15. She wants a lower rent, and the house she lives in is quite old and very out of date (1970s style throughout the house). I am afraid if the home is sold her rent will go up because of a re-assessment of the property value. What should I know about this situation that I can use to make sure my mother does not get evicted with only 24 hours of a notice?

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I need some advice for bankruptcy and forelcosure issues?

I have been in my home for a year and a half. I purchased it through owner financing. I lost my job two months ago and they are telling me they are going to forclose on my starting next week. My option at this time might be bankruptcy, but only a ch.13 would help me. I then, am leary, because I don’t want to put myself in more debt just to save my house when I am not that far behind. They will not work with me. The ch.7 alternative I have been told, will not help me save my home, so I am beyond upset and really don’t know the best thing for me to do, but I really don’t want to end up homeless. I rented at one time in my life and the only time, and was evicted from the rental because the landlord wanted me to sleep with him. No lawyer would help me because they all represented him at one point, so now… I can’t even get into an apartment. If someone could please offer some advice, it would be greatly appreciated. I am a young widow with two boys at home.

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How can you rent after a bankruptcy?

We are filing bankruptcy due to high debt. We own our home which we are going to try to sell…if not, then we are going to do a short sale. We’ve NEVER been late on any payment (both mortgage or bills) but are struggling each month and it’s ruining our lives. My question is, every one requires a credit check these days (to rent). How do we find a place to live? I want to keep my children enrolled in the school but the other alternative would be to separate living arrangements and move to our parents homes (I wont live with my in laws & my husband wont live with mine. We can rent a house for what an apartment goes for in another city. How do we get a landlord to look past the bankruptcy and see that before it, we made every payment on time (while struggling to do so). We could easily make the rent (minus all the extra debt we had).

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Should I file Chapter 7 bankruptcy myself or hire a lawyer?

I have been sick over a year. I have been battling it out with social security and have not received any income since my illness. I do not own any property, not even a car. It got repossessed during my illness. I had to break my lease and stop paying my credit cards. My total debt is around 80K. My credit is devastated. I found out my former landlord intends on getting a judgement. I have no money, but am allowed to live for free right now because of my parents. I’m 26. I went to law school for 2 years before I got sick. I bought a NOLO book on bankruptcy, but it seems like the process is stressful and confusing. I don’t have the money to hire an attorney. Nobody else has tried to sue me yet. My family said they would pay up to 2K for a bankruptcy lawyer as like a birthday/christmas present, but I feel bad because they have already been paying for so much (my medical bills, me living in their house). Should I file this myself, wait, or get the attorney? There is no way I can pay all these people back at this point.
Oh I have a free consultation on Monday.

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Can you file bankruptcy on small claims lawsuits?

I lost a lawsuit against a old landlord. He is now garnishing my wages. Can i file bankruptcy on it?

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