Tenant Has Filed Bankruptcy
My question involves bankruptcy in the state of: Michigan
a friend (seriously) owns a house and the tenant has filed BK. He was telling me a few things that I was not sure of or they were correct and hopefully somebody well versed in BK can help. She was not delinquent on rent prior to filing but has fallen delinquent since. (I believe 2 months currently)
the automatic stay. He was told that it must be renewed after some period (can't remember. seems like either 1 or 6 months). I was under the understanding it was in place for the duration of the bk process. He seems to believe if she fails to renew the stay he will have an opportunity to take action to evict. Seems incorrect to me.
He would like to evict her as he is trying to sell the house and it would be preferable for it to be "move in ready" for a purchaser prior to the school year starting in Sept. Is it possible to evict while she is in BK or is he simply stuck until it is completed?
He is under the understanding she can not be required to pay rent during BK (although it would accrue) and he would have to take some action after the BK to force her to pay the rent. I thought she had to make payments or the owner could ask the court to remove the stay and allow an eviction.
I know there are a few other questions but that's all I can recall at the moment. Any direction would be appreciated as while he is a smart guy, he is trying to do this all on his own.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.