Landlord Question and Answer Forum

Forum / General Property Management / Tenant who declares bankruptcy
I have a question about a tenant who has declared bankruptcy and refuses to pay rent. What are the laws protecting them where I cannot evict them for non-payment?
James E, CO on Monday, July 1, 2019
RE: Tenant who declares bankruptcy
Check with a lawyer for your state.
Posted by Scott H, VA on Wednesday, July 3, 2019
RE: Tenant who declares bankruptcy
The bankruptcy statues are Federal and there is a Federal bankruptcy judge in your district. You are a claimant in the case and should file your claim promptly as a creditor. You can petition the court to allow your eviction to proceed in state court but most motions of that sort are not approved as the court is charged with preserving the assets of the tenant, and your claim is among many other creditors now. The internet is a wonderful resource and this can be a learning experience.
Posted by Julian R, FL on Monday, July 8, 2019
RE: Tenant who declares bankruptcy
It matters which kind he is declaring as well. Landlords often get the very short end of the stick regarding bankruptcy. As Julian said, get listed as a creditor NOW.
Posted by John P, IL on Wednesday, July 10, 2019
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