Tenant Is Current With Rental But Filed Chapter 13 in North Carolina : ezLandlordForms

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Tenant Is Current With Rental But Filed Chapter 13 in North Carolina

Richard W

started a topic over 9 years ago

It may be a landlord no-no but the Tenant and his wife are nice and caring people and we care about them. Their rent is up to date. I know there were some medical and off work issues with one family member. Todays mail included a Chapter 13 Bankruptcy Court Filing. Under the Executory Contracts/ Leases in section c....it lists us and our Residential lease but the proposed payment, amount, arrearage, etc are blank. In section b above that it says the following executory contracts and or leases will be rejected... it says none. If I am up to date why am I listed. Cars are listed with a post confirmation equal monthly amount and and interest rate. Our lease the funding columns are blank. Whats the deal and where do I stand?

1 Comment

Richard W

said over 9 years ago

Just because there is a bankruptcy does not mean that the people do not have an income. It is that their debts and interests outweigh their income. If you are paid and up to date this why you may be left out of it. It may be noting you because you are in a contract with the tenant but they do have a positive standing. No matter what the tenant is required to continue to pay, if they do keep them till the end or the term especially if there is a good relationship and they are still paying, on time. You do have the right to start an eviction if payments stop. If there is an automatic stay period you would have to file the eviction in the bankruptcy court and you will be able to evict as you normally would. You also still have the right to reclaim losses while the tenant was still in the rental and you accumulated fees for non-payment.