Central District Consumer Bankruptcy Attorney's Association

Take a look at California Civil Code Section 1466. The Debtor's liability will depend on if he/she surrendered "all beneficial interest." If the keys were given to the bank and all parties were on notice that the Debtor had no remaining interest, then the Debtor has a shot at avoiding liability. If the Debtor retained the ability to go onto the property, then the Debtor is going to be liable.
Link Schrader, Attorney
Law Office of Link W. Schrader

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Debtor will end up being liable. Contact me off list for the solution.
Jonathan D. Leventhal
Leventhal Law Group, P. C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not reprenet you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, and all fees have been paid.
To: "cdcbaa@yahoogroups.com"
Sent: 05/16/2012 6:49 PM
Subject: [cdcbaa] Rental Property Surrendered in Bankruptcy
Dear Members:
Debtor surrenders rental property in bankruptcy Chapter 7 and gets his discharge. He left property empty. Squatter moved in after the bankruptcy and is complaining to housing department that he is not being provided utility service. The squatter has now written to the Mayor of the city and he is forcing the utility services to be turned BACK ON in the name of the Debtor. Additionally, the lender is now threatening to put insurance back on the property in the name of the debtor post petition.
HELP! The property is surrendered, belongs to the trustee and it has not been abandoned by the Trustee. But Trustee filed declaration of no assets. Discharged entered today.
Is he still liable? Can they do this? Is he responsible for the squatter?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
Debtor will end up being liable. Contact me off list for the solution.
Jonathan D. Leventhal
Leventhal Law Group, P. C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not reprenet you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, and all fees have been paid.
To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>
Sent: 05/16/2012 6:49 PM
Subject: [cdcbaa] Rental Property Surrendered in Bankruptcy

Dear Members:
Debtor surrenders rental property in bankruptcy Chapter 7 and gets his discharge. He left property empty. Squatter moved in after the bankruptcy and is complaining to housing department that he is not being provided utility service. The squatter has now
written to the Mayor of the city and he is forcing the utility services to be turned BACK ON in the name of the Debtor. Additionally, the lender is now threatening to put insurance back on the property in the name of the debtor post petition.
HELP! The property is surrendered, belongs to the trustee and it has not been abandoned by the Trustee. But Trustee filed declaration of no assets. Discharged entered today.
Is he still liable? Can they do this? Is he responsible for the squatter?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message.
Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

The post was migrated from Yahoo.

Dear Members:
Debtor surrenders rental property in bankruptcy Chapter 7 and gets his
discharge. He left property empty. Squatter moved in after the bankruptcy
and is complaining to housing department that he is not being provided
utility service. The squatter has now written to the Mayor of the city and
he is forcing the utility services to be turned BACK ON in the name of the
Debtor. Additionally, the lender is now threatening to put insurance back
on the property in the name of the debtor post petition.
HELP! The property is surrendered, belongs to the trustee and it has not
been abandoned by the Trustee. But Trustee filed declaration of no
assets. Discharged entered today.
Is he still liable? Can they do this? Is he responsible for the squatter?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
Dear Members:Debtor surrenders rental property in bankruptcy Chapter 7 and gets his discharge. He left property empty. Squatter moved in after the bankruptcy and is complaining to housing department that he is not being provided utility service. The squatter has now written to the Mayor of the city and he is forcing the utility services to be turned BACK ON in the name of the Debtor. Additionally, the lender is now threatening to put insurance back on the property in the name of the debtor post petition.
HELP! The property is surrendered, belongs to the trustee and it has not been abandoned by the Trustee. But Trustee filed declaration of no assets. Discharged entered today.
Is he still liable? Can they do this? Is he responsible for the squatter?-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

The post was migrated from Yahoo.