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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2878
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I am a landlord. My renter, who is current with monthly payments,

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I am a landlord. My renter, who is current with monthly payments, filed for Chapter 7 bankruptcy here in Michigan. The meeting of creditors is December 12th. Do I need to attend this meeting? Do I need to file anything to protect myself? We have a signed lease through April 30th, 2012. Thanks, Bruce

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

contact their lawyer to see if they are assuming or objecting the lease.

Terry L. :

if they are objecting, then you can file a motion called motion to modify the automatic stay, which will allow you to then start eviction process once you give the required notices. You can't collect on back due rent though.

Terry L. :

if they are assuming the lease, all goes on as normal per your lease agreement.

Terry L. :

Let me know if you have any questions.

Terry L. :

Thanks

Terry L. :

Good luck.

Customer:

How do I file the motion to modify the automatic stay? Do I file that with the state or do this at the meeting of creditors?

Terry L. :

You file this with the bankruptcy court, you can file it at any time, you don't have to wait until the hearing.

Customer:

Okay, thanks for your help Terry!

Terry L. :

Talk to the attorney first though to see if they are assuming or rejecting the lease. This may be listed on the debtors schedules, SChedule G

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