Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question: “Have a rental property in Ohio. It is rented to someone who has filed bankruptcy (chapter 7) Will I be listed as a creditor because of our lease or for any reason/ Is there a chance that I will not be paid rent due to the bankruptcy?”
Answer: You won’t be listed as a creditor unless the tenant currently owes you money. The tenant will be required to continue to pay rent, and if he doesn’t then you can evict him (though you must file a motion to lift the automatic stay in federal court, and it must be granted, before filing for state eviction proceedings). Unfortunately, if the tenant currently owes you money for prior rent, then you will not be able to collect the money due to the automatic stay (which prevents collection activity), and you may not ever collect if the debt is discharged.
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