Bankrupt Tenant Must Pay Legal Fees to Landlord

November 1, 1997

LVT Number: 11847

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding $42,000 in back rent. Tenant filed a Chapter 7 bankruptcy petition after entry of judgment for landlord. Tenant claimed that landlord couldn't get attorney's fees in the nonpayment case because the attorney's fees were a debt discharged by the bankruptcy case. Landlord claimed tenant didn't list landlord's claim for attorney's fees in its list of debts in the bankruptcy case. The court ruled for landlord.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding $42,000 in back rent. Tenant filed a Chapter 7 bankruptcy petition after entry of judgment for landlord. Tenant claimed that landlord couldn't get attorney's fees in the nonpayment case because the attorney's fees were a debt discharged by the bankruptcy case. Landlord claimed tenant didn't list landlord's claim for attorney's fees in its list of debts in the bankruptcy case. The court ruled for landlord. Tenant's failure to list attorney's fees in the bankruptcy schedule barred tenant from claiming that landlord couldn't collect them. The court awarded landlord over $76,000 in attorney's fees.

Eighty First Assocs. v. Morrell: NYLJ, p. 27, col. 1 (10/1/97) (Civ. Ct. NY; Malatzky, J)

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