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What can be done if a Tenant has filed chapter 7 to avoid paying past due rent?
Wiki User
∙ 14y ago
Aside from keeping the security deposit, there is not much left that you can do as far as getting those past due funds as they probably do not have the money. In order to file for bankruptcy, an individual debtor has to prove many things so he probably filed because he in fact did not have any money, not just to avoid paying past rent. You can get in line with all the other creditors to try to collect.
Wiki User
∙ 14y ago
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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?
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.
Can a tenant be evicted in Michigan if in bankruptcy?
Bankruptcy does not relieve a tenant from paying his rent: it's not a debt. Rent is due in advance of the rental period and is not an extension of credit. Oh, and a landlord cannot evict a tenant simply because he filed for bankruptcy.
How does one Recover unpaid loan after chapter 13 is filed?
after appearing in court on civil suit defendant informed court judge chapter 13 has been filed. Is defendant free and clear from paying personal loan?
I filed bankrupty under Chapter 13. My student loan is included in the Chapter 13 and I am paying on it. Can I still apply for another student loan?
Only if you have the courts permission
Can a chapter 7 be filed with an open chapter 13?
A Chapter 7 can be filed with an open Chapter 13.
Can a tenant sue a landlord who is in bankruptcy?
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
If someone files chapter 13 in 2004 can chapter 7 now be filed?
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
What are the landlord's rights under Chapter 7?
i was a landlord in PA trying to evict a tenant who filed for chapter 7 to avoid eviction. Only thing i could do was petition the courts for a relief from stay of bankruptcy to continue with the eviction. Without doing that, the tenant would be protected under bankruptcy law. However, getting the relief from the court can take a month or longer. The alternative is to wait it out until the bankruptcy discharges or gets dismissed, then you can continue with the eviction. Good luck if you have a smart tenant, they will find every loop hole like mine did. It seems like tenants have more rights than landlords.
Can you keep your ATV after filing chapter 13?
No, this is a luxury item and the trustee will feel like the money is better spent paying off other dept. I was unable to keep two atv's when I filed chapter 13.
What if you can't dismiss a chapter 13 after paying into for 5 years because of a previous chapter 7 filed will creditors still try to hound you?
This question makes no sense. The 13 should be dismissible by the debtor or the court. You may not be entitled to a discharge, but what was the point of the 13? You need to talk to your lawyer, and if you filed a chapter 13 without a lawyer and get screwed, well....
Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
Has testa corp filed chapter 11?
Chapter 11 is a type of bankruptcy that can be filed by both businesses and people. Testa Corp filed bankruptcy on October 11, 2013.
