QUESTION
What recourse do I have against landlord retaliation after filing bankruptcy?
Asked on Mar 04th, 2013 on Bankruptcy - Michigan
More details to this question:
My commercial landlord is retaliating against me because I filed BK. He has removed all of my signs, told my staff, and told a potential buyer that I was behind on the rent. What recourse do I have? This is going on while the judge ordered a "Stay" for 60 days.
11 ANSWERS
You could probably sue the landlord for violating the stay .
Answered on Apr 01st, 2013 at 3:05 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Have you Bankruptcy attorney file a lawsuit against your landlord for breaching your lease.
Answered on Mar 06th, 2013 at 8:51 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You should consult your bankruptcy lawyer. You (and the landlord) have 60 days from the date of your filing the bankruptcy to work out how you will pay the back rent if you want to keep the place. But on day 61, he is entitled to oust you without further notice. It seems foolish of him to remove your signage when he might actually collect some money by letting you stay unhindered. Have your lawyer contact him and try to work something out at the least by putting back your signs.
Answered on Mar 06th, 2013 at 8:30 PM
Deborah F. Bowinski
If you filed with an attorney you should address these questions to him. If you filed on your own, it would be wise to retain an attorney to assist you. Bankruptcy is complicated, and even more so when there is a business involved.
Answered on Mar 06th, 2013 at 8:24 PM
You should contact your bankruptcy attorney. If the automatic stay has been violated, your attorney may want to file a motion with the court.
Answered on Mar 06th, 2013 at 7:56 PM
Samuel Lee Tucker
Your attorney should sue him for stay violation and breach of lease in bankruptcy court.
Answered on Mar 06th, 2013 at 7:45 PM
You can file an action to penalize your landlord for violating the bankruptcy stay.
Answered on Mar 06th, 2013 at 7:45 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Give proof of all to your lawyer. Let him haul the landlord into court.
Answered on Mar 06th, 2013 at 7:44 PM
Bankruptcy Law Attorney serving Ogden, UT
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Richards & Godfrey, P.C.
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If he is doing this to try and get payment out of you for a debt that existed before you filed bankruptcy, you can request the court for sanctions against the landlord for violating the automatic stay.
Answered on Mar 06th, 2013 at 7:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Go to your attorney and have the landlord brought in for violating the stay.
Answered on Mar 06th, 2013 at 7:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Speak with your bankruptcy attorney, it may be that they landlord has been violating the automatic stay.
Answered on Mar 06th, 2013 at 7:31 PM