How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
15345323
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

a tenant who operates a restarurant n my mall owes us $15,000

This answer was rated:

a tenant who operates a restarurant n my mall owes us $15,000 and is thinking about filing for bankruptcy. Do I have to have a judgement against him before I have a chance to collect?

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.3

Terry L. :

Absent voluntary payments, you would have to sue to collect, yes. that will not necessarily help you though, for payments made prior to bankruptcy can be forced to be turned over to the bankruptcy court as a preferential payment/transfer.

Terry L. :

You can still try to collect until they file the bankruptcy. Once the case is filed, you would have to abide by those rules, and should discuss the matter with your lawyer.

Terry L. :

You can possibly move to modify the automatic stay, and then once granted, you can evict

Terry L. :

you would then just follow your local rules on eviction process once you have modified the automatic stay.

Terry L. :

It really depends on what chapter they file, and what their intent is with the debt and the cas.e

Terry L. :

Do you have any bankruptcy questions?

Customer:

So is filing for a judgement now necessary?

Terry L. and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions