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Postpetition Rent Question
Not discharged. Landlord entitled to fair market rental value for the 19days, which is determined independently of any lease. I assume the UD
judgment included monetary damages and was not just a possession only judgment.
Accordingly the fair market rental value would have been determined
already. But is landlord really going to spend the time and money to pursue 19
days rent if the debtor does not pay?. Any attorney fees clause of the
lease is subject to the bankruptcy discharge.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 2/18/2016 2:47:13 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Hello Everyone,
Apartment landlord got a U/D judgment against the debtor before the filing of her chapter 7 bk. She stayed in the unit 19 days after filing.
Landlord is now demanding 19 days rent from the now-discharged debtor.
Discharged or nondischarged?
Not discharged. Landlord entitled to fair market rental value for the
19 days, which is determined independently of any lease. I assume the UD
judgment included monetary damages and was not just a possession only
judgment. Accordingly the fair market rental value would have been
determined already. But is landlord really going to spend the time
and money to pursue 19 days rent if the debtor does not
pay?. Any attorney fees clause of the lease is subject to the
bankruptcy discharge.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 2/18/2016 2:47:13 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Hello Everyone,
Apartment landlord got a U/D judgment against the debtor before the filing
of her chapter 7 bk. She stayed in the unit 19 days after filing.
Landlord is now demanding 19 days rent from the now-discharged
debtor.
Discharged or nondischarged?
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