Do I have any chance of getting any funds if my past commercial tenant owes me $10,000 in back rent? 11 Answers as of September 17, 2014

I am a creditor. She claimed chapter 7 bankruptcy and now came into some money. I am trying to get my money owed and have to attend a motion to approve settlement hearing. I filed a proof of claim and sent objection letter.

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Stephens Gourley & Bywater | David A. Stephens
If the tenant is the person or entity that filed chapter 7, you cannot claim any funds unless the case was never discharged. Even if they come into money after the bankruptcy if a discharge is entered you cannot pursue it except for to the extent there are post petition rent arrears.
Answer Applies to: Nevada
Replied: 9/17/2014
Ronald K. Nims LLC | Ronald K. Nims
When you say "(she) came into some money" do you mean she inherited it? If she inherited, collected on a life insurance policy or similar within 6 months of filing bankruptcy, there is a chance that you might have the right to recover some money. Proofs of claim are only filed and settlement hearings only occur in a Chapter 7 when the trustee has money which might be distributed (don't get too hopeful, most of the money will go to the trustee). So there is a chance that some money is coming to you.
Answer Applies to: Ohio
Replied: 9/17/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
That depends on how many secured creditors are in line to be paid before you and how many other unsecured creditors there are. Be sure to attend every proceeding and if necessary, hire an attorney to help you with this.
Answer Applies to: Arkansas
Replied: 9/17/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
It depends. With the exemption laws, she may be able to keep the money out of the BK estate.
Answer Applies to: California
Replied: 9/16/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You probably have no grounds to object as any pre petition debt is discharged but without knowing your case it is difficult to say. Your proof of claim will get you some of your money back, depending on how much money the estate received.
Answer Applies to: New York
Replied: 9/16/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    I appreciate your question. Please contact a creditor attorney.
    Answer Applies to: California
    Replied: 9/16/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If there are the funds for the bankruptcy court to administer, your claim will be paid on a pro rata basis along with any other creditors. As a creditor with a claim for back rent, you have an unsecured non priority claim.
    Answer Applies to: Nevada
    Replied: 9/16/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Can't say without understanding the debtor's case, which means reviewing the petition schedules. Generally speaking, if there are non-exempt funds, they are distributed according to priority first and then on a percentage. Assuming you are an unsecured creditor you could get a share of the % that will be distributed among all the unsecured creditors. Unless the non-exempt fund amount equals the total amount of what is owed to all the creditors it won't be a 100% payment of $10,000. How much could be received depends not just on how much non-exempt funds there is but also the amount of debts.
    Answer Applies to: California
    Replied: 9/16/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I'm sorry, I don't know enough here to fully answer this. If you don't have a lawyer you should get one. Generally speaking post petition assets belong to the debtor, but if the right to the funds existed prior to filing that is a different matter.
    Answer Applies to: California
    Replied: 9/16/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Don't be Penny Wise & Pound Foolish! Hire an experienced BK attorney to assist you.
    Answer Applies to: Colorado
    Replied: 9/16/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    It really depends how much she gets and what she got it for. You would split any distributions with the other unsecured creditors.
    Answer Applies to: Michigan
    Replied: 9/16/2014
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