Landlord Can Enforce Judgment Despite Tenant's Bankruptcy

(Decision submitted by Bronx attorney Jeffrey F. Cohen, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement that said that a judgment of possession would be issued to landlord, tenant would pay back rent, and the eviction warrant would be delayed. Tenant later breached the agreement and filed for bankruptcy protection. Landlord asked the court for permission to move forward with the eviction warrant. Landlord claimed that tenant's bankruptcy discharge didn't bar eviction. The court ruled for landlord. It was too late for tenant to now claim that she never owed the amount listed in the holdover judgment, which was later discharged in bankruptcy.

Two Kings, Inc. v. Pierre: Index No. 20122/99 (Civ. Ct. Bronx 2/25/00; Parisi-McGowan, J) [2-pg. doc.]