Part of Attorney's Fees Due Landlord Discharged in Bankruptcy

June 30, 1999

LVT Number: 13319

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and, after a hearing, ruled that landlord could get a certain amount of attorney's fees. Tenant appealed, pointing out that he had filed for bankruptcy. The court ruled for tenant in part. Landlord couldn't recover attorney's fees for the period prior to tenant's bankruptcy filing because tenant's liability for those fees was discharged in bankruptcy. Landlord knew about tenant's bankruptcy filing. The case was sent back for recalculation of the attorney's fees that tenant owed to landlord.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and, after a hearing, ruled that landlord could get a certain amount of attorney's fees. Tenant appealed, pointing out that he had filed for bankruptcy. The court ruled for tenant in part. Landlord couldn't recover attorney's fees for the period prior to tenant's bankruptcy filing because tenant's liability for those fees was discharged in bankruptcy. Landlord knew about tenant's bankruptcy filing. The case was sent back for recalculation of the attorney's fees that tenant owed to landlord.

Eighty First Assocs. v. Morell: NYLJ, p. 26, col. 2 (6/23/99) (App. T. 1 Dept.; Parness, PJ, Freedman, J)

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