My question involves landlord-tenant law in the State of: Georgia
So I have a tenant who filed Chapter 13 bankruptcy months before signing a lease and moving into my house. His bankruptcy was filed in May of 2016, and he signed the lease and moved in on November 9, 2016.
He hasn't paid rent since June. He now owes me over $3,000. So I am evicting him.
His bankruptcy attorney sent me a nasty email telling me that I will be in contempt of court for filing against him because of the "automatic stay."
I claim he's just trying to scare me -- the "automatic stay" only applies to debts that occurred before the bankruptcy was filed, and this debt occurred well after that. The law specifically states that the automatic stay is limited by the exceptions in section 362(b) of the Bankruptcy Code -- one of which says, "The stay does not extend to claims or lawsuits arising after the filing of the bankruptcy case."
So it seems to me that a common-sense reading of the law would be on my side here -- that their bankruptcy doesn't affect me because I am not listed as a creditor in it, because it took place months before they owed me any money.
I'm just looking for validation here. Because oftentimes lawyers take what appears to be a common-sense law and turn it on its head.
Thanks.

