If my tenant is filing bankruptcy and stopped paying for rent, what should I do? 12 Answers as of August 20, 2015

I have a condo is managed by Century 21. They called me saying that my tenant is filing bankruptcy and has stopped paying for rent. They already started the eviction process but don't know long they can get rid of them. I had been out of job for 7 months and just found a new job. If they don't pay the rent for 2 months then I have to file bankruptcy. My mortgage payment and equity loan is more than or equal to how much my house is worth. I'm thinking about giving up that condo. What should I do? I made it through my unemployment. I really don't want to file bankruptcy but what else can I do? How long is the eviction process take? Will I win it in court?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You should evict the tenant immediately. There is no automatic stay for the tenant, unless the tenant pays some money (rent money) into the bankruptcy court registry, and the eviction hearing is done very quickly in the bankruptcy court. Chances are tenant will not file anything, since in all likelihood he or she has no real "defense" to the eviction action. Takes about six weeks or so (this advice is based on what is contained in your email. I do not have the benefit of reviewing the lease agreement, bankruptcy petition, or any other pertinent documentation).
Answer Applies to: Colorado
Replied: 8/20/2015
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
Eviction is the process to get rid of a tenant who doesn't pay rent. In a bankruptcy, that process is complicated by the imposition of the automatic stay. Before you or your management company begin eviction proceedings, you need to get an order from the bankruptcy court allowing you to do so. If you don't, you will be in violation of the automatic stay and subject to penalties. Once you have that order from the court, you can evict the tenant. Any money owed in rent prior to the bankruptcy filing will be discharged. However, any money owed in rent AFTER the bankruptcy filing date will not be discharged. You can try to collect that rent if you are so inclined. But first you have to get approval from the bankruptcy court in the form of a relief from stay.
Answer Applies to: Colorado
Replied: 8/19/2015
Stephens Gourley & Bywater | David A. Stephens
Demand that the tenant pay post petition rent. If you need the pre -petition rent you will need a lift of stay from the bankruptcy court to proceed with the eviction. To get an order lifting that stay takes about 25 days.
Answer Applies to: Nevada
Replied: 8/19/2015
Ronald K. Nims LLC | Ronald K. Nims
Yes, you will win the eviction in court. It takes a couple weeks.
Answer Applies to: Ohio
Replied: 8/19/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
First you have to file a motion for "relief from the automatic stay" in the bankruptcy court to proceed with the eviction. If you give up the condo make sure you are out of it to avoid post petition HOA fees. (This includes getting rid of the tenant). You might try finding a lawyer at NACBA.org.
Answer Applies to: California
Replied: 8/19/2015
    Universal Law Group, Inc. | Francis John Cowhig
    Once a bankruptcy is filed, there is an automatic stay on all court actions, including unlawful detainers. You will need an attorney to file a motion in the Bankruptcy Court to have the stay lifted so that the unlawful detainer case can go forward. It is impossible to say how long that will take.
    Answer Applies to: California
    Replied: 8/18/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    Start an eviction immediately.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Go through with the eviction process bankruptcy does not stop eviction process.
    Answer Applies to: New York
    Replied: 8/18/2015
    The Krone Law Firm, LLC | Norman B. Krone
    It is likely that the eviction process will be stayed by the Court. File a claim in the tenant's bankruptcy to collect.
    Answer Applies to: Florida
    Replied: 8/18/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can also short sale the property and get rid of it if it is a drain on your resources then file bankruptcy if there is a deficiency.
    Answer Applies to: New York
    Replied: 8/18/2015
    Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
    If the tenant files bankruptcy, you have to go into the bankruptcy court and obtain an order for relief from the automatic stay. It is questionable whether this additional expenses justified given the lack of equity in this rental unit.
    Answer Applies to: California
    Replied: 8/18/2015
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You need to get an attorney to file a motion for relief from stay for the unlawful detainer to proceed. Getting an order lifting the stay to proceed with an unlawful detainer does not usually take very long about a week or two and then the process goes back to the usual UD process.
    Answer Applies to: California
    Replied: 8/18/2015
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