QUESTION
Can I still go through the steps of 5 day to pay or quit notice and eventually eviction even though she is in the process of bankruptcy?
Asked on Aug 08th, 2013 on Bankruptcy - North Carolina
More details to this question:
I am a landlord (only 1 property), my tenant just told me she filed for bankruptcy last month (chapter 13) and will be late on rent payment this month (about 2 weeks).
8 ANSWERS
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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First, if she is a good tenant, maybe you should let her stay. If you want to evict her, you will have to obtain relief from stay. I'd say you need an attorney.
Answered on Aug 08th, 2013 at 4:52 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No, you can not. You must first file a motion to vacate stay in order to proceed with a state court action.
Answered on Aug 08th, 2013 at 4:48 PM
To proceed against a tenant in an active bankruptcy will require you to obtain an order from the bankruptcy court lifting the protection granted by the court called the "automatic stay." You will need an attorney to represent you in this matter that specializes in representing creditors.
Answered on Aug 08th, 2013 at 4:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Have you been noticed on the bankruptcy officially? Generally, in order to keep a rental or leasehold it is necessary to keep the payments current. Your issue is with the "automatic stay". You need to discuss this with an attorney.
Answered on Aug 08th, 2013 at 4:10 PM
Deborah F. Bowinski
You should consult with a bankruptcy attorney to try to protect your interests. You cannot take action with regard to pre-petition past due rent without seeking permission from the bankruptcy court by way of a motion for relief from stay.
Answered on Aug 08th, 2013 at 4:08 PM
You cannot do anything to collect rent due to you before she filed without the Bankruptcy Court's permission. Her Chapter 13 plan should include payment to you. Did you receive Notice of her bankruptcy from the Court? She was required to list you if she owed you back rent and should have listed you if you have a lease with her. I would contact the Chapter 13 Trustee for more information.
Answered on Aug 08th, 2013 at 3:22 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Once she files a bankruptcy, there is an automatic stay in effect. You cannot take any collection actions outside of bankruptcy court.
Answered on Aug 08th, 2013 at 3:22 PM
Corporate & Incorporation Attorney serving Huntersville, NC
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Elliott Law Firm, P.C.
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If she is in an active bankruptcy, the Automatic Stay is in effect. The Automatic Stay prohibits creditors from taking any collection action. So short is No - you cannot do anything unless you receive Relief from the Automatic Stay from the Bankruptcy Court.
Answered on Aug 08th, 2013 at 3:02 PM