Can I sue for security deposit if landlord has not returned funds and filed for Chapter 7 before I had moved out? 8 Answers as of March 27, 2014

I completed all my due diligence. It has been 30 days since I vacated. I don't know if this is an asset or no asset case. I acquired the knowledge of his Bankruptcy through public records after I moved out.

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Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You are owed the money, the question is if you can collect it. If you do nothing it may well be discharged. Engage an attorney if it and amount sufficient to justify the fees.
Answer Applies to: Michigan
Replied: 3/27/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
You will probably need to file a claim with the bankruptcy court.
Answer Applies to: California
Replied: 3/27/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You can file a claim in the bankruptcy proceeding. You probably won't recover anything.
Answer Applies to: Idaho
Replied: 3/26/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Contact the bankruptcy court and ask what he did with your SECURITY DEPOSIT.. which are trust funds and exempt from the claims of his creditors.
Answer Applies to: Michigan
Replied: 3/27/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
You need to file a written proof of claim in the bankruptcy court regarding the amount of your deposit which is not been accounted for. Since the deposit belongs to you and not to the landlord, this is not a question of whether it is a Noel set case.
Answer Applies to: California
Replied: 3/26/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    The claim is through the bankruptcy court.
    Answer Applies to: California
    Replied: 3/26/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No, your security deposit is an ordinary civil debt.
    Answer Applies to: California
    Replied: 3/26/2014
    Harper Law Offices, Inc. P.S.
    Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
    You may be able to contact the trustee on the case about it. The deposit is not an asset of the landlord's, it is your deposit unless any condition is met that would cause it to be retained by the landlord as spelled out under the lease/rental agreement. If the landlord is claiming it as an asset, the trustee will want to know about this. You will not be able to sue unless the bankruptcy stay is lifted or the landlord get's discharged. You may need an attorney to help with getting this resolved for you.
    Answer Applies to: Washington
    Replied: 3/26/2014
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