If your tenant has not filed for bankruptcy yet you may file a lawsuit against him and attach it to his condo and his two-family, if this is done before he filed his bankruptcy petition. Once he filed his bankruptcy petition he will get relief from the bankruptcy code automatic stay, which prevents any type of actions against the debtor. In chapter 7 bankruptcy he will be able to discharge the debt against you and you will not have any damages that you will be able to attach to his property. Although if he is still in your building, you may hire a lawyer and file a motion from relief of automatic stay and once that motion is granted then you can of fixed him.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law www.botelholawgroup.com 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Feb 26th, 2014 at 2:22 PM