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  1. #1
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    Sep 2016
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    Default How Many Times Can a Tenant File Bankruptcy

    A landlord wants to evict a tenant who keeps falling behind on rent. When served with notices to quit, the tenant has twice declared bankruptcy, but both petitions were dismissed due to the tenant's failure to complete the filing. Can the tenant keep declaring bankruptcy, over and over again?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Many Times Can a Tenant File Bankruptcy

    Yes, they can -- so you should try to terminate the tenant's tenancy before they file again. If they're filing in response to the notice to quit, the eviction proceeding may continue once the case is dismissed, but you may not take any action toward eviction when the automatic stay is in effect. If you want the tenant out for non-payment, even though it appears that the tenant is catching up on rent while the bankruptcy case is pending, you should speak with a real estate lawyer who handles eviction cases about the possibility of filing a motion for relief from stay if the tenant files bankruptcy in response to a notice to quit.

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