Tenant in BK, and eviction Q - Posted by Jeff (AZ)


#1

Posted by Rob FL on November 02, 1998 at 19:44:59:

All I can think of his to hire a lawyer for yourself. Maybe some others can come up with a better idea. You may want to post this on Bill Bronchiks site. www.legalwiz.com and get his input too.


#2

Tenant in BK, and eviction Q - Posted by Jeff (AZ)

Posted by Jeff (AZ) on November 02, 1998 at 08:33:31:

I am having an experience currently regarding a tenant who filed Chapter 13 Bankruptcy. The tenant filed the petition on Oct. 2 which included me as a landlord as a debtor. The tenant owes me rent for October. I filed a motion to have the automatic stay lifted on the 10th of October. The tenants attorney objected saying that the tenant has not incurred any new debt since the petition was filed and therefore I have no claim against the tenant which is not currently under bk protection. Now it is Nov. 2nd and the tenant has not yet paid rent for November so I am wondering if I need to serve a notice directly to the tenant for non-payment of rent, or do I need to have the stay lifted before I can serve the tenant anything.

Any advice?

Jeff (Az)


#3

Re: Tenant in BK, and eviction Q - Posted by Rob FL

Posted by Rob FL on November 02, 1998 at 19:27:48:

I would serve the tenant the notice anyway and then hire a lawyer to get him out of your property ASAP. Of course you could always bribe your tenant with $$$ to get the heck out of there now.


#4

Re: Tenant in BK, and eviction Q - Posted by Jeff (Az)

Posted by Jeff (Az) on November 02, 1998 at 19:36:44:

Thanks for the idea… however the bk laws state that I am not suppose to contact the debtor directly but rather through his/her attorney. Therefore I have contemplated serving a notice on the attorney on behalf of the tenant.

On the other note about bribing the tenant to move out, they have made it very clear that they plan to and want to stay.

Any other ideas?

Jeff (Az)