Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
That statement is incorrect.
Because the automatic stay
which goes into affect as soon as a Bankruptcy case is filed
specifically applies to claims that were in effect at the time of the Bankruptcy filing.
Since you rented the premises to your tenant after her Bankruptcy was filed, the automatic stay does not apply to your lease with the tenant.
This is pursuant to Bankruptcy Stat. 362(a).
The automatic stay does not apply to any claims that come into existence after a Bankruptcy is filed.
I think this is what you wanted to know. If not, please let me know.Thank you.
What is the status to my dispossessory proceeding in the court? Can I still go to court tomorrow to magistrate court and continue my dispossessory proceeding and get a judgment agsinst her? or I have to withdraw the case?
You can continue with your dispossessory proceeding, because your tenant's Bankruptcy has no affect on this proceeding.
You can continue with the dispossessory proceeding as if your tenant had not filed a Bankruptcy.
We seem to have been "knocked out" of chat. Please let me know if you have any additional questions.