If my landlord filed for bankruptcy and refuses to refund my deposit, can I still sue him in small claims court? 5 Answers as of September 27, 2017

My landlord used my security deposit to fund his bankruptcy and refuses to give it back to me. I didn't find out about the bankruptcy until after I filed my small claims suit against him. I am not named as a creditor, he never told me he filed bankruptcy.

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Stephens Gourley & Bywater | David A. Stephens
Not without bankruptcy court permission. You should file a proof of claim.
Answer Applies to: Nevada
Replied: 9/27/2017
Ronald K. Nims LLC | Ronald K. Nims
If your landlord has more than four units, he was required to put security deposits in a separate bank account and bankruptcy would not release him from his liability. If your landlord filed a Chapter 13 or a Chapter 7 with nonexempt assets, the bankruptcy would no release him from his liability because he didn't list you as a creditor. You should speak with an attorney.
Answer Applies to: Ohio
Replied: 9/25/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to see local counsel. The laws vary state by state re what your interest in the security deposit is.
Answer Applies to: California
Replied: 9/25/2017
OlsenDaines | Rex Daines
There is not enough information to answer this question. What type of bankruptcy did the landlord file? When was it filed? When did you learn it was filed?
Answer Applies to: Oregon
Replied: 9/25/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can file a Proof of Claim in his case, and you can say that he was supposed to hold your security deposit in trust (if that is true in your municipality). That could render the claim non-dischargeable. Best to consult a skilled bankruptcy lawyer in your locality. Good Luck.
Answer Applies to: Wisconsin
Replied: 9/24/2017
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