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If a couple who has recently filed for bankruptcy has applied

Resolved Question:

If a couple who has recently filed for bankruptcy has applied to rent a property,can the tenant then stop paying rent and seek protection under the bankruptcy laws after the bankruptcy has been filed?

Submitted: 12 months ago.
Category: Real Estate Law
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Expert:  cfortunato replied 12 months ago.

Hi JACustomer,
Is the couple who filed a Bankruptcy also "the tenant" you are asking about?

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Customer: replied 12 months ago.

yes, Potential tenant who is applying to rent.

Expert:  cfortunato replied 12 months ago.

Filing a Bankruptcy can only protect a tenant against legal actions for rent that is owed from before the Bankruptcy is filed. A Bankruptcy cannot protect a tenant from legal actions for rent that is due for any months after a Bankruptcy is filed. Bankruptcy Stat. 362(a).

So if the couple does not pay the rent at any time after they file a Bankruptcy, you can then proceed with an eviction in spite of the Bankruptcy.

 

I think this is what you wanted to know. If not, please let me know.

Thank you.

cfortunato41096.5705337963

cfortunato, Lawyer
Category: Real Estate Law
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Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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