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jbrlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 269
Experience:  Creditors' rights lawyer involving collections, foreclosures and bankruptcies for almost 19 years.
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I live in Houston Texas and am a landlord for a tenant ...

Resolved Question:

I live in Houston Texas and am a landlord for a tenant who has filed Chapter 13 bankruptcy. She owes $300 rent and $320 in late fees for July 2008 rent. The bankruptcy was filed on 7/29/08 and she hasn''t paid August rent. Can I evict this tenant when she is in Chapter 13 bankruptcy and what are my options to collect the rent or have her evicted as soon as possible. I''m having to pay a mortgage on this property and am not getting the rent to offset the mortgage. What are my options and what can I do on my own without having to spend more money to hire an attorney?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  jbrlaw replied 8 years ago.
You may have to hire an attorney in the end, but here is what you have to do.

A Chapter 13 is a wage earner's bankruptcy to develop a plan of reorganization. Ideally, under a Ch 13, the debtor pays all post-petition (after 7/29/08) rent due and the pre-petition (prior to 7/29) past due (or a portion of it) is paid to you over a period of time up to 5 years. If the tenant remains current with the post-petition rental payments, you may not take any action to evict. However, if the post-petition amounts are not paid for 2 or 3 months in a row, you need to file with the bankruptcy court a motion for relief from the automatic stay. This is not always granted the first time but, if you keep at it (and the post-petition amounts are not brought current), you will eventually get relief and be able to evict without further delay.

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Please note that I may not be licensed to practice law in your jurisdiction. As such, my above comments shall not be construed as legal advice and shall not be deemed to form an attorney-client relationship.

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