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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15592
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Tenants did not know that house they are renting was foreclosed

Customer Question

Tenants did not know that house they are renting was foreclosed by lender and obtained eviction order from court. Sheriff dept. posted a sign in their door that they have to vacate the house in 5 days (tomorrow deadline) otherwise they will padlock the house. Tenants financial profile qualify them to file for Chap. 7 bankruptcy. They just need about 30 days to find a place to move to.
1) Can the tenants file for BK Chap. 7 to stop or delay the eviction for at least 30 day since they were not notified by landlord owner?
2) And what is the minimum docs they need to file a 'skeletal filing" for BK 7?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

Did the sheriff name the tenants or did the notice list the owners?

Customer:

Sorry, but do not know as I am asking on behalf of friend, but what is implication though?

WALLSTREETESQ :

If the tenants were not named they cannot be evicted,

WALLSTREETESQ :

also


under the the "Protecting Tenants at Foreclosure Act of 2009," provided that leases would survive a foreclosure..

WALLSTREETESQ :

the "Protecting Tenants at Foreclosure Act of 2009," most renters lost their leases upon foreclosure. But this legislation provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).


An exception was carved out for the buyer who intends to live on the property -- this buyer may terminate a lease with 90 days' notice. Importantly, the law provides that any state legislation that is more generous to tenants will not be preempted by the federal law. These protections apply to Section 8 tenants, too.

WALLSTREETESQ :

Also, if they were named and the 90 day or the lease expired, a chapter 13 bankruptcy bay be a better option to stop a foreclosure, as it is easier to withdraw,

WALLSTREETESQ :

A chapter 13 would also stop the foreclosure, and give the tenants time,

WALLSTREETESQ :

You can find the CA bare bones petition linked above.

WALLSTREETESQ :

Be aware, the law should protect the tenants, so before taking the drastic step

WALLSTREETESQ :

of filing a bankruptcy they should make sure they were evicted,

WALLSTREETESQ :

and should consider going to housing court and having the court enforce there lease under the Federal law.

Customer:

So if they were named, a chap 7 filing will still stop immediate eviction?

WALLSTREETESQ :

a chapter 7 and 13 would stop the eviction,

WALLSTREETESQ :

a chapter 13 is easier to get dismissed, so it would be better than a chapter 7,

Customer:

Once they file a chap 7 or 13, they can show the documents to the sheriff when they come as they may not have enought time to go to haousing court? And how long will this filing of Chap 7 or 13 stop the eviction?

WALLSTREETESQ :

Yes, but once they file their credit would be damaged,

WALLSTREETESQ :

a bankruptcy would give them 30-120 days,

Customer:

So just show the filed BK docs to sheriff when they come and they will understand that this gives enough time to tenants and not padlock the house immediately?

WALLSTREETESQ :

yes, the case would have to be filed before the eviction date,

Customer:

Thank you

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15592
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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