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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I have a tennent in kentucky who is not late on his ...

Resolved Question:

I have a tennent in kentucky who is not late on his rent but I just recieved a notice that he is filing bankruptcy. should I do anything?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 8 years ago.

Hi JD:

I can't give you legal advice since I do not practice law in Kentucky so it would be illegal to tell you what you should do.

But, I can give you information. One helpful piece of information is that on Schedule G of the bankruptcy petition, it normally says what the debtor intends to do regarding contracts and leases. So, if on Schedule G it says the debtor is honoring the lease, then normally the landlord doesn't not have any issues. If it says the debtor is rejecting the lease, then the landlord may have to take some measures (eviction, etc).

Again, I cannot tell you what to do, but I can tell you that I represent debtors in bankruptcy, and I do not know if I have ever had a landlord on a current lease do anything except continue to collect their rent, or very occasionally they call and ask me if the debtor intends to keep the lease and I look at Schedule G and tell them. Now, I'm not saying because everyone else does it that way you should, but I am telling you so you have a feel for how many landlords deal with similar situations. You would of course have to consult an attorney in your area for advice.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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