Sometime last year I represented a landlord on a disposessory action. We entered into a consent agreement, which the tenant failed to honor. I filed for and received a Fi Fa from the appropriate county. Late last year I filed for a garnishment of his bank account. My garnishment was served on the bank on January 15. The Tenant filed for bankruptcy on Jan 20. (Chapter 7). Wage garnishment is one of the biggest reasons to file BK. Look at sect 523 to see if there are grounds to exclude from discharge. I’d have to look more closely, but if he lied on his rental application you might have grounds. Problem is that it will take an adversary action. If there is any cash, maybe he will settle. Sometimes its better to cut your losses. You could file an AP but if you don’t have reasonable grounds to believe your debt is excepted from
discharge, your client will be paying the bankrupt debtor’s attorney’s fees.