LANDLORDS - What happens when your tenant has filed bankruptcy?
Contrary to popular belief, bankruptcy does not mean that you cannot remove the tenant. It prevents you from immediately walking into the county court and filing an eviction action but you still have rights available to you through the bankruptcy court.
The tenant's bankruptcy filing will cause an Automatic Stay that prohibits you, as the landlord, from taking action to collect the unpaid rent. You are not allowed to serve the tenant with an eviction notice or to file the eviction lawsuit without permission from the bankruptcy court. Violating the Automatic Stay can result in significant monetary penalties.
Call my office to determine the cost of pursuing relief from the bankruptcy stay and an estimate of the time involved in doing so. Quite often it is a very good idea to have an attorney involved immediately. A low cost telephone consultation with Dennis Chen can help you determine if it is practical to have an attorney involved in the tenant's bankruptcy.
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