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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16114
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I own a Self Storage facility. One of my tenants, who is behind

Resolved Question:

I own a Self Storage facility. One of my tenants, who is behind on their payments, has just filed for bankruptcy. What are my rights at this point? How do I go about trying to collect payments owed to me? How long do I have to keep their storage unit available? When can I move their things and put a new tenant in the storage unit? Thank you for your time.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

This is an unfortunate situation,

WALLSTREETESQ :

since the tenant has filed bankruptcy you cannot take any legal action in Court to remove his items, if he has listed you as a creditor,

WALLSTREETESQ :

legally the items in Storage would be the property of the bankruptcy court, so whatever action you want to take needs the permission of the bankruptcy trustee,

WALLSTREETESQ :

if you were listed as a creditor,

WALLSTREETESQ :

you can file a motion to lift the automatic stay, and ask the bankruptcy court to allow you to remove the items,

WALLSTREETESQ :

It may be possible, however, in most cases, the cost and expense to litigate the matter is not wort it, it may be better to wait for the tenants case to be over, to take action to remove the items.

Customer:

So if I understand correctly, the tenant has the right to "stay" in the unit until the bankruptcy case is over. And if I am on the creditor list, I would receive notice from the court when this happens?

WALLSTREETESQ :

Yes,

Customer:

And if I were not listed as a creditor?

WALLSTREETESQ :

however since he will not be paying the monthly storage fees,

WALLSTREETESQ :

you can ask the court to allow you to remove his items,

WALLSTREETESQ :

if you were not listed you can remove the items out of storage as per your lease with him

Customer:

So to follow the law, I need to find out if I am a listed creditor, and then go from there.

WALLSTREETESQ :

yes

Customer:

Perfect. Thank you so much for your time.

WALLSTREETESQ :

good luck, and if you have any further questions please do not hesitate to ask. \

Customer:

:)

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16114
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 3 other Bankruptcy Law Specialists are ready to help you

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