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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5145
Experience:  37 plus years of experience specializing in bankruptcy law
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in a commerical building my tenant has filed for chapter 13.....the

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in a commerical building my tenant has filed for chapter 13.....the rent is coming due for next month. he says he doesn't have to pay it....that he listed the next months rent payment in the non secured area of his chapter 13...can he do this??
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

No he cannot. Note, rent is a secured debt and if he is remaining as a tenant, he must as per his chapter 13 stay current on all future obligations that are due owing AFTER the date he filed his chapter 13. Likewise, he can only list in the plan debts owing up to the time of filing. Finally, this is a federal issue so talking to anyone at the magistrate level will not help you; you should contact a BK attorney.
dylatess and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

so if i evict the tenant for not paying the upcoming rent and the magistrate judge receives another notice from the tenant's attorney....whos right...hate to hire an attorney...1st quote was $4000 for such a simple manner...

NOw that he is in bankruptcy, the magistrate court does not have jurisdiction as you have to seek what is called relief from stay from the
BK court first. And then, with that court order, the magistrate court can evict him. But you must follow procedure as the BK court is your first stop. Likewise, it should not cost you anywhere near 4K- so contact a BK attorney that does creditor work not an eviction attorney.