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Landlord trying to collect rent after lease rejected
Correct
Sent from my iPhone
On Dec 22, 2009, at 10:22 AM, "Sheila M. Pistone" wrote:
If the facts are that landlord is seeking to collect for post-petition rent only for a post-petition holdover tenant (tenant does not leave even though lease rejected), then there would not be a violation of the discharge injunction, correct?
The post was migrated from Yahoo.
Use OSC re contempt
Sent from my iPhone
On Dec 22, 2009, at 8:40 AM, "Holly Roark" wrote:
> Thanks. Does anyone have a sample complaint for going after such a
> violation?
>
> Holly Roark
> holly@roarklawoffices.com
>
> --- In cdcbaa@yahoogroups.com, matt resnik wrote:
> >
> > 100% discharge violation... There are remedies for landlords in bk
> but
> > they must assert them in the bk... Not after...
> >
> > Sent from my iPhone
> >
> > On Dec 22, 2009, at 6:08 AM, Dennis McGoldrick wrote:
> >
> > > Holly auto stay over when discharge issued. This is a violation of
> > > discharge injunction
> > >
> > > Sent from my iPhone
> > >
> > > On Dec 21, 2009, at 9:53 AM, "Holly Roark" wrote:
> > >
> > >>
> > >> My client filed Chapter 7 on July 2 and surrendered the
> premises on
> > >> that day. He stated his intention was to reject the lease. (I
> guess
> > >> technically it's the trustee who has to reject the lease or it is
> > >> rejected by default in 60 days). He received a discharge and the
> > >> case is closed. The landlord is now sending collection letters to
> > >> my client for July and August. August would have been the last
> > >> month under my client's lease, so essentially, the landlord is
> > >> trying to collect everything he is owed under the lease despite
> the
> > >> bk.
> > >>
> > >> Is landlord in violation of the automatic stay? Is he entitled to
> > >> "lease rejection damages" (possibly the August rent if he was
> > >> unable to relet the premesis by then)? This is NoHo Commons in
> > >> North Hollywood and I find it hard to believe he couldn't get
> > >> someone else in there really quick as this is a new building.
> > >>
> > >> I am sending a "you are in violation of the automatic stay"
> letter,
> > >> but please let me know if I am missing something with respect to
> > >> the landlord's rights. I don't see why my client has to pay for
> > >> either July or August.
> > >>
> > >> Thanks,
> > >>
> > >> Holly Roark
> > >> holly@...
> > >>
> > >
> > >
> >
>
>
Use OSC re contemptSent from my iPhoneOn Dec 22, 2009, at 8:40 AM, "Holly Roark" <roarklaw@yahoo.com> wrote:
Thanks. Does anyone have a sample complaint for going after such a violation?
Holly Roark
holly@roarklawoffices.com
com, matt resnik <matt@...> wrote:
>
> 100% discharge violation... There are remedies for landlords in bk but
> they must assert them in the bk... Not after...
>
> Sent from my iPhone
>
> On Dec 22, 2009, at 6:08 AM, Dennis McGoldrick <easky1@...> wrote:
>
> > Holly auto stay over when discharge issued. This is a violation of
> > discharge injunction
> >
> > Sent from my iPhone
> >
> > On Dec 21, 2009, at 9:53 AM, "Holly Roark" <roarklaw@...> wrote:
> >
> >>
> >> My client filed Chapter 7 on July 2 and surrendered the premises on
> >> that day. He stated his intention was to reject the lease. (I guess
> >> technically it's the trustee who has to reject the lease or it is
> >> rejected by default in 60 days). He received a discharge and the
> >> case is closed. The landlord is now sending collection letters to
> >> my client for July and August. August would have been the last
> >> month under my client's lease, so essentially, the landlord is
> >> trying to collect everything he is owed under the lease despite the
> >> bk.
> >>
> >> Is landlord in violation of the automatic stay? Is he entitled to
> >> "lease rejection damages" (possibly the August rent if he was
> >> unable to relet the premesis by then)? This is NoHo Commons in
> >> North Hollywood and I find it hard to believe he couldn't get
> >> someone else in there really quick as this is a new building.
> >>
> >> I am sending a "you are in violation of the automatic stay" letter,
> >> but please let me know if I am missing something with respect to
> >> the landlord's rights. I don't see why my client has to pay for
> >> either July or August.
> >>
> >> Thanks,
> >>
> >> Holly Roark
> >> holly@...
> >>
> >
> >
>
The post was migrated from Yahoo.
charset="US-ASCII"
If the facts are that landlord is seeking to collect for post-petition rent
only for a post-petition holdover tenant (tenant does not leave even though
lease rejected), then there would not be a violation of the discharge
injunction, correct?
_____
The post was migrated from Yahoo.
Thanks. Does anyone have a sample complaint for going after such a violation?
Holly Roark
holly@roarklawoffices.com
>
> 100% discharge violation... There are remedies for landlords in bk but > they must assert them in the bk... Not after...
>
> Sent from my iPhone
>
> On Dec 22, 2009, at 6:08 AM, Dennis McGoldrick wrote:
>
> > Holly auto stay over when discharge issued. This is a violation of
> > discharge injunction
> >
> > Sent from my iPhone
> >
> > On Dec 21, 2009, at 9:53 AM, "Holly Roark" wrote:
> >
> >>
> >> My client filed Chapter 7 on July 2 and surrendered the premises on > >> that day. He stated his intention was to reject the lease. (I guess > >> technically it's the trustee who has to reject the lease or it is
> >> rejected by default in 60 days). He received a discharge and the
> >> case is closed. The landlord is now sending collection letters to
> >> my client for July and August. August would have been the last
> >> month under my client's lease, so essentially, the landlord is
> >> trying to collect everything he is owed under the lease despite the > >> bk.
> >>
> >> Is landlord in violation of the automatic stay? Is he entitled to
> >> "lease rejection damages" (possibly the August rent if he was
> >> unable to relet the premesis by then)? This is NoHo Commons in
> >> North Hollywood and I find it hard to believe he couldn't get
> >> someone else in there really quick as this is a new building.
> >>
> >> I am sending a "you are in violation of the automatic stay" letter, > >> but please let me know if I am missing something with respect to
> >> the landlord's rights. I don't see why my client has to pay for
> >> either July or August.
> >>
> >> Thanks,
> >>
> >> Holly Roark
> >> holly@...
> >>
> >
> >
>
The post was migrated from Yahoo.
Holly auto stay over when discharge issued. This is a violation of discharge injunction
Sent from my iPhone
On Dec 21, 2009, at 9:53 AM, "Holly Roark" wrote:
My client filed Chapter 7 on July 2 and surrendered the premises on that day. He stated his intention was to reject the lease. (I guess technically it's the trustee who has to reject the lease or it is rejected by default in 60 days). He received a discharge and the case is closed. The landlord is now sending collection letters to my client for July and August. August would have been the last month under my client's lease, so essentially, the landlord is trying to collect everything he is owed under the lease despite the bk.
Is landlord in violation of the automatic stay? Is he entitled to "lease rejection damages" (possibly the August rent if he was unable to relet the premesis by then)? This is NoHo Commons in North Hollywood and I find it hard to believe he couldn't get someone else in there really quick as this is a new building.
I am sending a "you are in violation of the automatic stay" letter, but please let me know if I am missing something with respect to the landlord's rights. I don't see why my client has to pay for either July or August.
Thanks,
Holly Roark
holly@roarklawoffices.com
Holly auto stay over when discharge issued. This is a violation of discharge injunctionSent from my iPhoneOn Dec 21, 2009, at 9:53 AM, "Holly Roark" <roarklaw@yahoo.com> wrote:
My client filed Chapter 7 on July 2 and surrendered the premises on that day. He stated his intention was to reject the lease. (I guess technically it's the trustee who has to reject the lease or it is rejected by default in 60 days). He received a discharge and the case is closed. The landlord is now sending collection letters to my client for July and August. August would have been the last month under my client's lease, so essentially, the landlord is trying to collect everything he is owed under the lease despite the bk.
Is landlord in violation of the automatic stay? Is he entitled to "lease rejection damages" (possibly the August rent if he was unable to relet the premesis by then)? This is NoHo Commons in North Hollywood and I find it hard to believe he couldn't get someone else in there really quick as this is a new building.
I am sending a "you are in violation of the automatic stay" letter, but please let me know if I am missing something with respect to the landlord's rights. I don't see why my client has to pay for either July or August.
Thanks,
Holly Roark
holly@roarklawoffices.com
The post was migrated from Yahoo.
My client filed Chapter 7 on July 2 and surrendered the premises on that day. He stated his intention was to reject the lease. (I guess technically it's the trustee who has to reject the lease or it is rejected by default in 60 days). He received a discharge and the case is closed. The landlord is now sending collection letters to my client for July and August. August would have been the last month under my client's lease, so essentially, the landlord is trying to collect everything he is owed under the lease despite the bk.
Is landlord in violation of the automatic stay? Is he entitled to "lease rejection damages" (possibly the August rent if he was unable to relet the premesis by then)? This is NoHo Commons in North Hollywood and I find it hard to believe he couldn't get someone else in there really quick as this is a new building.
I am sending a "you are in violation of the automatic stay" letter, but please let me know if I am missing something with respect to the landlord's rights. I don't see why my client has to pay for either July or August.
Thanks,
Holly Roark
holly@roarklawoffices.com
The post was migrated from Yahoo.