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General Property Management
Tenant who declares bankruptcy
J
James E
started a topic
over 5 years ago
I have a question about a tenant who has declared bankruptcy and refuses to pay rent. What are the laws protecting them where I cannot evict them for non-payment?
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J
John P
said
over 5 years ago
It matters which kind he is declaring as well. Landlords often get the very short end of the stick regarding bankruptcy. As Julian said, get listed as a creditor NOW.
J
Julian R
said
over 5 years ago
The bankruptcy statues are Federal and there is a Federal bankruptcy judge in your district. You are a claimant in the case and should file your claim promptly as a creditor. You can petition the court to allow your eviction to proceed in state court but most motions of that sort are not approved as the court is charged with preserving the assets of the tenant, and your claim is among many other creditors now. The internet is a wonderful resource and this can be a learning experience.
S
Scott H
said
over 5 years ago
Check with a lawyer for your state.
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