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  1. #1
    Join Date
    Jan 2006
    Posts
    1

    Default Evicting a Tenant In Bankruptcy

    My girlfriend has been told by her lawyer that she can file bankruptcy and place her landlord under the wage earner although her landlord has been nice enough to let her remain in the aprtment without a lease and without a few month's rent. She still owes her landlord $800 to $1000 in unpaid rent her utilities are off and she was told today the balance is $853...she is very depressed and the job she works now only pays about $290 a week...she doesn't have a car note or any children but she feels like she's drowning. I'm a single parent w 2 kids and a mortgage and I've helped as much as I can financially and can only offer emotional support at this time...but I really need to know if the lawyer is being straight w/her by telling her that her landlord cannot put her out once she files wage earner even though her lease has expired?????????

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

    Default Eviction of Non-Paying, Bankrupt Tenant

    The landlord can hold her responsible for rent due post-filing, and may be able to evict her if she fails to pay (assuming he petitions for the lifting of the automatic stay resulting from a bankruptcy petition in relation to her non-payment of rent).

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