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Collect debt from tenant or guarantor after chapter 7 bankruptcy.

I'm trying to evict a tenant and she says she is leaving this week. But she owes me over one thousand dollars in rent. She is fairly young so I got her older brother who works with me to guarantee the debt and he signed the lease as a guarantor. I would rather go after her for the rent instead of him because he works with me but she has filed chapter 7 bankruptcy. Is there any way I can get the money from her maybe after the bankruptcy is over?

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I appreciate your delicate situation, but if the tenant seeks to have the rent/debt discharged and refuses to pay you the money, there is no way you are going to get the money from her. AND if you try, you will likely get into hot water when you violate the automatic stay against creditors. Explain the situation to the brother and collect the money from him. Once the tenant gets back on her feet, she can always repay the brother, but it is highly unlikely she will ever repay you. Good luck. For more general information about the bankruptcy process, visit our MA Bankruptcy Law Discussion Forum.

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