Landlord Question and Answer Forum

ME AGAIN, WELL I SPOKE WITH MY ATTORNEY AND THE NEWS WAS NOT PROMISING.MORE QUESTIONS,SHOULD I CONSULT A BANKRUPTCY ATTORNEY INSTEAD OF A LANDLORD/TENANT ATTORNEY?SHOULD I ATTEND THE MEETING WITH THE TRUSTEE AND ASK THEM TO PROVE THEY CAN PAY THE RENT? I READ THAT IF NOT THE TRUSTEE CAN REQUIRE THEM TO FIND LESS EXPENSIVE HOUSING. SOMEONE TOLD ME IF I CANNOT GET THEM OUT BY NOV.15TH WITH CHILDREN INVOLVED I MAY HAVE TO WAIT UNTIL MARCH TO CONTINUE,IS THAT TRUE? YOU CANNOT EVICT DURING WINTER WHEN CHILDREN ARE INVOLVED? THE GAS IS PRESENTLY SHUT OFF,WHAT IF THEY DO NOT TURN THAT BACK ON? HELP!!!! THEY WENT OUT AND GOT THREE NEW DOGS JUST TO RUB MY NOSE IN IT,NOT SUPPOSE TO HAVE THEM.THEY ALSO FILED BANKRUPTCY ON THE SAME DAY AS THE EVICTION COURT DATE,CAN I REQUEST A RELIEF FROM THE AUTOMATIC STAY??

There are ways to remove a tenant under a bankruptcy and one is to request a relief from the automatic stay. This is a situation where I would definitely use an attorney. A good Real Estate/LLT or Bankruptcy attorney should provide good assistance to you. Good luck and I hope it is as painless a process as possible.

Posted by Donna , NC on Tuesday, September 9, 2008