What recourse do I have against landlord retaliation after filing bankruptcy? 13 Answers as of April 01, 2013

My commercial landlord is retaliating against me because I filed BK. He has removed all of my signs, told my staff, and told a potential buyer that I was behind on the rent. What recourse do I have? This is going on while the judge ordered a "Stay" for 60 days.

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Durham Jones & Pinegar | Erven Nelson
You could probably sue the landlord for violating the stay .
Answer Applies to: Nevada
Replied: 4/1/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Do you have a lawyer? You need one to enforce the stay.
Answer Applies to: California
Replied: 3/8/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Then have your attorney file against your landlord for a stay violation.
Answer Applies to: New York
Replied: 3/6/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Have you Bankruptcy attorney file a lawsuit against your landlord for breaching your lease.
Answer Applies to: Michigan
Replied: 3/6/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You should consult your bankruptcy lawyer. You (and the landlord) have 60 days from the date of your filing the bankruptcy to work out how you will pay the back rent if you want to keep the place. But on day 61, he is entitled to oust you without further notice. It seems foolish of him to remove your signage when he might actually collect some money by letting you stay unhindered. Have your lawyer contact him and try to work something out at the least by putting back your signs.
Answer Applies to: Wisconsin
Replied: 3/6/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you filed with an attorney you should address these questions to him. If you filed on your own, it would be wise to retain an attorney to assist you. Bankruptcy is complicated, and even more so when there is a business involved.
    Answer Applies to: Colorado
    Replied: 3/6/2013
    Connaghan Newberry Law Firm
    Connaghan Newberry Law Firm | Tara D. Newberry
    You should contact your bankruptcy attorney. If the automatic stay has been violated, your attorney may want to file a motion with the court.
    Answer Applies to: Nevada
    Replied: 3/6/2013
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Your attorney should sue him for stay violation and breach of lease in bankruptcy court.
    Answer Applies to: Mississippi
    Replied: 3/6/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can file an action to penalize your landlord for violating the bankruptcy stay.
    Answer Applies to: Nevada
    Replied: 3/6/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Give proof of all to your lawyer. Let him haul the landlord into court.
    Answer Applies to: New Jersey
    Replied: 3/6/2013
    Richards & Godfrey, P.C. | Ted Godfrey
    If he is doing this to try and get payment out of you for a debt that existed before you filed bankruptcy, you can request the court for sanctions against the landlord for violating the automatic stay.
    Answer Applies to: Utah
    Replied: 3/6/2013
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