QUESTION

Can you file bankruptcy on a rent to own home?

Asked on Mar 20th, 2017 on Bankruptcy - Nevada
More details to this question:
I have a rent to own contract with a couple. The husband files bankruptcy and lists past due payments. The wife comes over and hand me a 106D form and said that they are caught up on payments and in Colom b lists the value of collateral property. Can I start the eviction process to evict them? What can I do. I'm clueless.
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4 ANSWERS

Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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You should not do anything while entangled in a bankruptcy case without first making sure your intended actions are not covered by the automatic stay. If they are, you'll need to request that the bankruptcy court lift the stay as to your matter.
Answered on Jun 21st, 2017 at 1:12 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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In Ohio, the buyer/renter on a land contract is treated as an owner after five years. If the land contract is less than five years old you need to file a motion for relief from stay then an eviction action. If it is more than five years, then you need to file a motion for relief for relief from stay then a foreclosure.
Answered on Jun 16th, 2017 at 6:11 PM

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Commercial Attorney serving Columbia, SC at Gleissner Law Firm, LLC
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You should probably hire an attorney. Rent to own contracts are treated in South Carolina just like a mortgage where each payment on the house creates equity. In a chapter 13, a debtor can cure the arrears and make the monthly payments outside the plan. Or, if the payments can all be made through the plan, the debtor can use the plan to pay off the obligation in five (5) years. The 106D is just a listing of claims secured by property. It does not result in the payments being caught up. It is just a recognition that you have a claim in the bankruptcy that you should prosecute in the Bankruptcy Court. Again, I recommend that you hire an attorney.
Answered on Jun 15th, 2017 at 5:45 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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In order to do anything, you first need to have the bankruptcy stay end. What you can or cannot do after the bankruptcy stay ends depends on facts you have not disclosed, but a rent to own contract is not a normal landlord tenant relationship.
Answered on Jun 13th, 2017 at 6:00 AM

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