Can you file bankruptcy on a rent to own home? 7 Answers as of June 21, 2017

I have a rent to own contract with a couple. The husband files bankruptcy and lists past due payments. The wife comes over and hand me a 106D form and said that they are caught up on payments and in Colom b lists the value of collateral property. Can I start the eviction process to evict them? What can I do. I'm clueless.

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Benson Law Firm
Benson Law Firm | David Benson
You should not do anything while entangled in a bankruptcy case without first making sure your intended actions are not covered by the automatic stay. If they are, you'll need to request that the bankruptcy court lift the stay as to your matter.
Answer Applies to: Ohio
Replied: 6/21/2017
Ronald K. Nims LLC | Ronald K. Nims
In Ohio, the buyer/renter on a land contract is treated as an owner after five years. If the land contract is less than five years old you need to file a motion for relief from stay then an eviction action. If it is more than five years, then you need to file a motion for relief for relief from stay then a foreclosure.
Answer Applies to: Ohio
Replied: 6/16/2017
Gleissner Law Firm, LLC | Luke Gleissner
You should probably hire an attorney. Rent to own contracts are treated in South Carolina just like a mortgage where each payment on the house creates equity. In a chapter 13, a debtor can cure the arrears and make the monthly payments outside the plan. Or, if the payments can all be made through the plan, the debtor can use the plan to pay off the obligation in five (5) years. The 106D is just a listing of claims secured by property. It does not result in the payments being caught up. It is just a recognition that you have a claim in the bankruptcy that you should prosecute in the Bankruptcy Court. Again, I recommend that you hire an attorney.
Answer Applies to: South Carolina
Replied: 6/15/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Please go see a knowledgeable local bankruptcy attorney for advice. You can evict the tenants but must follow the proper procedures. If they are in an active bankruptcy then you'll need an order from the bankruptcy court lifting the automatic stay so that you can proceed. If you don't follow the correct procedure then you could be liable for sanctions for violating the automatic stay.
Answer Applies to: California
Replied: 6/13/2017
Stephens Gourley & Bywater | David A. Stephens
That is a complicated question, without reviewing the purchase agreement. Generally, they can discharge the debt and give up the house, but to keep the house they must comply with the contract. You should see an attorney on this.
Answer Applies to: Nevada
Replied: 6/13/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    In order to do anything, you first need to have the bankruptcy stay end. What you can or cannot do after the bankruptcy stay ends depends on facts you have not disclosed, but a rent to own contract is not a normal landlord tenant relationship.
    Answer Applies to: Nevada
    Replied: 6/13/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to file a "motion for relief from the automatic stay." You need the bankruptcy court's permission to proceed.
    Answer Applies to: California
    Replied: 6/13/2017
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