Insurer turns nose up at owner's skunk claim

Rent it Right

By Inman News Feed
Add Comment Add Comment | Comments: 0 | Posted Feb. 24, 2011

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Knowing that the landlord can eventually get the bankruptcy court to lift the stay, and that he can eventually evict you, consider whether you want to fight this case. From the sounds of things, you don't have a defense to not paying the rent, and would not win an eviction case. Why go through it, in light of the damage that will do to your future ability to get a rental?

If you move out before the landlord files, the landlord will simply be added to the list of creditors to be paid, if possible, from your bankruptcy estate. Whether he ultimately gets paid will depend on what you own, how much of that property the bankruptcy court is entitled to take to pay your creditors, and the number and size of the claims of creditors ahead of him.

Once your bankruptcy case is over, the debt to your landlord will be wiped out, even if your estate was too broke to pay any of what you owed. And, you won't have an eviction filing on your record.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at

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