Best Answer

You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.

User Avatar

Wiki User

โˆ™ 2005-10-24 12:49:13
This answer is:
User Avatar
Study guides
See all Study Guides
Create a Study Guide

Add your answer:

Earn +20 pts
Q: Is there anything else you need to do if you have a non-paying tenant who has filed chapter 13 and you have filed a small claims case and a motion for relief of stay?
Write your answer...
Related questions

How do you write a Small Claims Court motion to reconsider the verdict?

I am a plaintiff in a Small Claims Court case in Lakeland, Florida. The judge decided against me even though the only evidence was in my favor. I was told to file a motion to reconsider the verdict. What do you say? I do not know anything about motions.

Is the energy of motion anything that is moving or that can move has this type of energy?

Yes, technically. Anything that is in motion has the energy of motion. But remember, it has to be moving!

What does newtons 3 law means?

Anything in motion stays in motion, Anything at rest stays at rest.

Can you file a chapter 7 from chapter 13 if you lose your job?

If you first were filing a chapter 13 you can change that to a chapter 7, it is called "motion to convert".

Where can I find a sample form for a Motion to reopen a chapter 13 bankruptcy plan in Pennsylvania?

on a motion to reconsider what information is needed in the motion area

What has friction got to do with motion?

with out friction, anything in motion would stay in motion. Law of Physics.

What is the process of converting chapter 13 to chapter7 We are in chapter 13 and it looks like with layoff we have to go to chapter 7 and lose the house. What do we do?

You file a motion to convert to chapter 7. If you are eligible, then the court should grant it.

Non- periodic motion?

Non periodic motion is motion that does not happen on a predictable basis. This could be the pattern for virtually anything.

What are some websites you can use for stop motion editing without downloading anything.?

No. There are no websites that you can use for stop motion editing without downloading anything.

What happens if you default on a chapter 13?

The the Trustee can file a motion to dismiss your bk.

What can you draw for kinetic energy?

Anything that is in motion

Does the size and shape of an animal have anything to do with its motion?


Can a creditor remove an amount owed them from under your chapter 13 bankruptcy and demand payment?

The creditor is bound by the terms of the Chapter 13 plan. If the creditor doesn't file a proof of claim, then they don't get anything. If they are demanding money, the creditor could be in violation of the automatic stay and you can bring a motion for sanctions.

What is non-uniform motion?

UNIFORM motion is motion at a constant speed and in a straight line. Anything else is non-uniform, and is called 'accelerated' motion.

If you file a chapter 13 and the judge dismisses your case and gives you a 180 day bar what motion can you file to remove that?

File a motion to re-consider.

What is a motion for relief from stay in a chapter 7?

When you file for bankruptcy, you are protected by the "automatic stay" which prohibits creditors from taking action to collect the debt or from taking your property. In some cases, the creditor will ask the court for permission to continue efforts to collect the debt by requesting relief from the stay. This is usually done by a creditor who wants to continue foreclosure proceedings on a house or seek repossession of a vehicle. Landlords will also file for relief from stay to evict a nonpaying tenant.

What causes a security light to come on?

motion of anything

Give me an example of Newton's Laws?

one law is anything that is in motion stays in motion unless an object stops it

What is the final step to closing your chapter 13 case?

when doe the lawyer file a motion for a discharge

What do you call a mechanical device that produces motion?

anything that has an arm

What does an object in motion always want to do?

An object doesn't "want to" do anything. An object in motion has the natural tendency to remain in motion.

What are the release dates for Lost Girl The Interactive Motion Comic - 2010 Chapter Five Inhuman 1-5?

Lost Girl The Interactive Motion Comic - 2010 Chapter Five Inhuman 1-5 was released on: USA: 14 January 2011

What is the definition of variable motion?

The definition of variable motion is direction and/or changes in speed. This can refer to anything from walking to driving a car.

When is Chapter 13 bankrupcty discharged?

After the Chapter 13 plan has been successfully completed and the Trustee so certifies. Some courts require filing a motion or request for a discharge.

What is a Motion for Stay?

Do you mean motion for relief from stay? The automatic stay is placed into effect when someone / something (entity) files a bankruptcy petition. It is essentially an injunction preventing creditors from taking most actions to enforce their claims. A motion for relief from stay asks the court for permission to take action to enforce claims. It is most commonly filed to permit the creditor to enforce a lien / security interest.