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Bankruptcy Law/Chapter 13 and Rent Payment

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Expert: - 1/11/2008


Question
Hi, I am in Utah. I would like to ask if it is correct for my tenant to claim she is covered by a bankruptcy stay. She hid from us her bankruptcy lying she was falling behind on payment due to her medical condition. This dragged on for several months until we finally learned about her bankruptcy. She accrued most of her debt with us after she filed for a bankruptcy. Can we take her to small claims court or is she indeed protected by the stay and we need to go to a bankruptcy court to ask for the stay to be lifted? I have searched the Internet and cannot find an answer to this question anywhere. Thank you!

Answer
It's always safest to get relief from the automatic stay to do anything.  Worst case scenario is the court tells you it isn't necessary.  In a Chapter 13 case, especially if this is a term lease (as opposed to month-to-month), you need to get relief from stay from the bankruptcy court.

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Mark J. Markus- California Bankruptcy Attorney

Expertise

Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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