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  1. #1
    Join Date
    Jun 2011
    Location
    Chicago, Illinois
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    2

    Default What Are a Landlord's Remedies After a Tenant Files Chapter 13 Bankruptcy

    My question involves bankruptcy in the state of: Illinois

    Hello,

    My tenants are always behind on rent, I gave them so many chances, they are not catching up on rent (2-3 months always behind). I told her yesterday, that I will file a law suit to get the rent back. She replied that I would need to go through her lawyer, because she filed bankruptcy, chapter 13 in January 2011.

    I am not necessary looking to evict them, their lease is up July 31st 2011 and will not be extended. I am just trying to get my money back before they move and I will not be able to find them.

    My property is single family home, lease is signed by husband and wife, I think she is the only one who filed chapter 13. I will ask her to give me a copy of the bankruptcy papers.

    They were always late, I never asked them for late fees ($35) - can something be done something about it?

    Please let me know what is the easiest way to get my money back, the house is in foreclosure (not my primary property..) and I need to catch up.
    Thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: What Are a Landlord's Remedies After a Tenant Files Chapter 13 Bankruptcy

    If in fact she filed for bankruptcy protection and owed you rent at the time she filed, she should have served you with notice of the bankruptcy as you would be a creditor.

    If the automatic stay remains in effect, you should not file any legal actions against her until you successfully obtain relief from the stay or until the stay is lifted.

    If she has continued to accrue rent debt post-bankruptcy, the post-filing rent arrearages aren't reduced by her bankruptcy.

    We have no way of determining if, in fact, your tenant filed for bankruptcy protection, nor can we tell you the status of her case.

    If you are not familiar with evicting tenants, it sounds like it would be a sensible time to consult a lawyer about evicting this person. Your lawyer can investigate the status of any bankruptcy filing. You may also attempt to do so through PACER (for a small fee) or through the bankruptcy court.

  3. #3
    Join Date
    Jun 2011
    Location
    Chicago, Illinois
    Posts
    2

    Default Re: What Are a Landlord's Remedies After a Tenant Files Chapter 13 Bankruptcy

    Thank you.
    She never served me the notice, I had no idea until yesterday.

    I believe the rent she owes is after bankruptcy - she keeps paying "when she has some money". I assume she owes for last 3 months then, which would be after her filling for bankruptcy = should not be affected by it?

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