Re: SOL and judgment and BK

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Posted by Peter Rosa on December 09, 2000 at 23:17:16:

In Reply to: SOL and judgment and BK posted by diane ayson on December 06, 2000 at 11:35:10:

: I filed for Bankruptcy on 5/97 and final on 8/97. During the bankruptcy, my sister and I bought a restaurant and the lease was from mar.97 to oct. 98. to make the long story short, we started defaulting on lease payment on dec 97 and were evicted from the premises. now, am not sure if the lessee had sued me because I saw an inquiry on my credit report from the lessee's collection agency, one in 7/99 and another in mar 2000.Can they (the lessee or collection agency) sue me even if i have a bankruptcy on my file. By the way the restaurant was not stated in the BK. I just recently got remarried, can they go after my husbands assets and our house that we just recently purchased. Thank you very much and am looking forward to your response.

As the lease wasn't included in the bankruptcy, and the default didn't occur until later, I would have to say that your bankruptcy filing wouldn't be any protection if the landlord decided to sue. Whether or not that will happen is another matter.

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: : I filed for Bankruptcy on 5/97 and final on 8/97. During the bankruptcy, my sister and I bought a restaurant and the lease was from mar.97 to oct. 98. to make the long story short, we started defaulting on lease payment on dec 97 and were evicted from the premises. now, am not sure if the lessee had sued me because I saw an inquiry on my credit report from the lessee's collection agency, one in 7/99 and another in mar 2000.Can they (the lessee or collection agency) sue me even if i have a bankruptcy on my file. By the way the restaurant was not stated in the BK. I just recently got remarried, can they go after my husbands assets and our house that we just recently purchased. Thank you very much and am looking forward to your response. : As the lease wasn't included in the bankruptcy, and the default didn't occur until later, I would have to say that your bankruptcy filing wouldn't be any protection if the landlord decided to sue. Whether or not that will happen is another matter.

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