QUESTION

I am a landlord and a delequient tenant filed bankruptcy they are still in the property and i want them out.

Asked on Oct 05th, 2012 on Debtor and Creditor - Georgia
More details to this question:
They filed bankruptcy the day of the disspossionary hearing. I heard from the bankrupcy court, a hearing is schedeled in a month. I am not sure what my next legal step is. The delequient tenant is living in my property and I am paying for them to live there. Help!
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1 ANSWER

Antonio B. Mari
When a person files for bankruptcy they are protected by federal law from any and all efforts to collect a debt. This protection is called the automatic stay. If you take any action regarding the money they owe you, or try to throw them out, you could be violating the automatic stay. Violating the stay will led to harsh monetary penalties being brought against you. Take no action until you've had time to speak to an attorney! You do have recourse though. You should hire an attorney and seek to have the automatic stay lifted. Once the stay is lifted you can proceed with your court action to get them out. Do not wait until the upcoming "court" date. Most likely this is not an actual court date but is actually what is called a 341 meeting. You will not find any relief at that meeting. The automatic stay can only be lifted if you hire an attorney and make it happen. Otherwise you will have to wait 90 or more days (even longer if it is a chapter 13) for the bankruptcy to run its course. Bottom line, you have some options, but you need a lawyer. Now.
Answered on Oct 05th, 2012 at 10:01 PM

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