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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11779
Experience:  JD, MBA
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Have a rental property in Ohio. It is rented to someone who

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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?

Hello and thank you for allowing me the opportunity to assist you.

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.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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