tenant claimed bankruptcy
(by Darrell [MI])
Jul 12, 2002 11:39 AM
RE:
tenant claimed bankruptcy
(by kt [il])
Jul 12, 2002 11:42 AM
RE:
tenant claimed bankruptcy
(by Tom [IN])
Jul 12, 2002 12:33 PM
RE:
tenant claimed bankruptcy
(by mc [tx])
Jul 12, 2002 12:46 PM
RE:
tenant claimed bankruptcy
(by Roy [Fl])
Jul 12, 2002 3:04 PM
RE:
tenant claimed bankruptcy
(by Roy [Fl])
Jul 12, 2002 3:08 PM
RE:
tenant claimed bankruptcy
(by Nancy [IN])
Jul 14, 2002 12:08 AM
RE:
tenant claimed bankruptcy
(by Tom [IN])
Jul 14, 2002 10:19 AM
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K, i got a notice from a lawyer representing the bankruptcy court that my tenant has claimed bankruptcy. surprised me, very nice responsible (i thought) lady. along with that pile of mail, was this months rent. she is on a lease option with me and signed it february 2002, balloons in 2 years. i am not concerned about the option fee, because it was nonrefundable. should i be concerned about anything else? i guess my fear is, God forbid, she decides not to pay rent or whatever and i get a judgment, is it not enforceable? my impression from this letter is that she has already gone through the process. your thoughts......? --12.32.77.81 |
| You may want to attend the brankruptcy hearing & ask her if she is going to reaffirm her option or not. She may keep the debt of your option or discharge it with the other debts. --216.166.193.157 |
| The big kicker here, is has she listed you as a creditor on the bk? If she hasn't, everyting is fine. If she has, then you are stuck until the bk is finalized (not the right word, but never do remember the other word...). Then you go to her and ask for current rent immediately. If she doesn't pay, then you can file for eviction, based on current rent. Any prior rent is probably just a wish. --152.163.189.136 |
| Even if she didn't list him (she should have because she's dealing financially with him) he is under the same law that the other creditors are. He can't file an eviction because the automatic stay protects the debtor during the BK process. You will have to file a motion for relief from the automatic stay and get it granted before you can give a notice to vacate or file eviction paperwork. You should consult an attorney before you approach this tenant about anything financial. Improperly contacting her or trying to collect money can result in contempt charges with the BK court. Attend the 341 hearing and/or contact the trustee to get more info. --207.71.20.140 |
| mc of tx is correct. If she has not pay you any rent, you can not contact her to be paid. Get a bankruftcy lawyer. I had two tenant that filed bunkruftcy before, one requested to move-out,(years ago and know very little about bankruptcy so I ignore it, the 2nd one stayed,( panicked since I know a little of what bankruptcy means)but they kept their rent paid and stayed for additional 18 months. Of course I did'nt let them know my concern. --66.177.161.136 |
| I will only get a lawyer if she decide not to pay you. --66.177.161.136 |
| Tom: the word is "discharged". :) --63.57.227.31 |
| Thank you, Nancy. You are, of course, right. --64.12.96.40 |
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