What is the name of your state (only U.S. law)? Missouri
Hello, and thank you ina advance for any and all assistance!
I am leasing (half way through a 5 year lease) from a woman who owns the building directly (in her name - no corporations or trusts in between).
Several months ago she declared Chapter 13 Bankruptcy, and the case is open and active.
She has decided that she can get more for our unit than she leased it to us for, and when we refused to a raise in lease payment, she went and filed a landlord tenant action in the City Housing Court stating that we had failed to pay rent (yes, we have the receipts).
While I realize that all I have to do to end this is show the receipts, I realized that there is also an interesting jusrisdictional argument which I could use as an affirmative defense - since she is in bankruptcy under chapter 13, doesn't the City court lack jurisdiction to hear the case? Wouldn't she have to bring any nonsense like this to the Trustee (excellent Trustee: John LaBarge) for any action (which he would not do, having received all the monthly monies forwarded by the landlord)?
Sorry for making that more complicated than it needed to be. Let me restate it cleanly: Isn't the city court enjoined from hearing such a dispute by the federal bankruptcy case having control over the estate under chap 13?
Thank you for your spending your valuable time in answering - it is genuinely appreciated
!
Hello, and thank you ina advance for any and all assistance!
I am leasing (half way through a 5 year lease) from a woman who owns the building directly (in her name - no corporations or trusts in between).
Several months ago she declared Chapter 13 Bankruptcy, and the case is open and active.
She has decided that she can get more for our unit than she leased it to us for, and when we refused to a raise in lease payment, she went and filed a landlord tenant action in the City Housing Court stating that we had failed to pay rent (yes, we have the receipts).
While I realize that all I have to do to end this is show the receipts, I realized that there is also an interesting jusrisdictional argument which I could use as an affirmative defense - since she is in bankruptcy under chapter 13, doesn't the City court lack jurisdiction to hear the case? Wouldn't she have to bring any nonsense like this to the Trustee (excellent Trustee: John LaBarge) for any action (which he would not do, having received all the monthly monies forwarded by the landlord)?
Sorry for making that more complicated than it needed to be. Let me restate it cleanly: Isn't the city court enjoined from hearing such a dispute by the federal bankruptcy case having control over the estate under chap 13?
Thank you for your spending your valuable time in answering - it is genuinely appreciated
!