We had a tenant who filed bankruptcy last fall and it was finalized in March. We received the first payment through bankruptcy a few weeks ago. She was required to pay rents directly to us past last October. She has become very far behind in this. Our attorney tells us that we cannot file eviction unless we first petition the bankruptcy court to allow us to do so and actually appear there. Is this true? He also tells us that we still cannot approach her or give her notice to pay or quit. If it is true, how long does this go on?
It will go on until the bankruptcy discharge is complete. I suggest you offer the tenant CASH FOR KEYS and bribe him to get lost. You can’t collect, but you CAN pay. It’s not fair, but its worth it.