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Recent Landlord questions

I need to file Chapter 11 for a newly startup business.

I need to file Chapter 11 for a newly startup business. Landlord took possession of the rental property which allows him to keep the personal property in the building. Not sure if it's worth filing bankruptcyJA: What state are you in? And has anything been officially filed?Customer: Florida I filed possession to remove property& re-read lease. Landlord hasn't file any eviction proceedingsJA: Has anything been filed in civil court? If so, what?Customer: Unlawful lockout by meJA: Anything else you want the lawyer to know before I connect you?Customer: No

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DrakeLAW

Juris Doctorate

1,070 satisfied customers
My tenant filed bankruptcy while facing eviction. 2 months

My tenant filed bankruptcy while facing eviction. 2 months rent was included in her filing. The court included those 2 months in her administrative fees. She has requested to pay the 2 months rent that were included in the administrative fees if I allow her to stay in the home she rents. Can I inform the court that she has made this payment. Is she allowed to do this?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,126 satisfied customers
I am a tenant in an large apartment complex for 8 years. I

Hello,I am a tenant in an large apartment complex for 8 years. I owe them about $900 in water bills. My original deposit was $950 8 years ago. My lease is over Novemeber 30th. I want to move as soon as possible, maybe even Octuber 30th.My lease contract says that for me to terminate the lease I need to give them 30 day notice and then I be responsible for two months lease (or in my case just till end of lease)I filed bankruptcy and the case was closed and bankruptcy (chapter 7) was finalized last week. I never mentioned to my lawyer or to the trustee that I want to move or terminate my lease. my question to you today is can I brake my lease now and not have to pay for next months rent? do I still neeed to give them 30 day notice or can I just tell them I be out in 20 days. I assume they for sure can keep my deposit .Rent is currently 1100, water is about an additional $70. When I originally moved in I was a student and I had a guarantor, but he never signed on renewal leases can they go after him or affect his credit, he was never asked to come back and sign anything since 2008. thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,126 satisfied customers
I am currently resident of Florida and reside in an

I am currently resident of Florida and reside in an apartment. Due to job loss several months ago I was late with my rent. I attempted many times to work arrangements out with my property management company however they have filed an eviction. I have recently found a new job and can afford the rent going forward. If I file Chapter 13 am I able to back the rental arrears in the payment plan? if so will that stop the eviction process?

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Roger

Litigation Attorney

Doctoral Degree

34,608 satisfied customers
CA. Bankruptcy question regarding relief from stay. •

CA. Bankruptcy question regarding relief from stay.• Foreclosure takes place• The buyer files eviction against the renters in the house.• Renters are on a year-to-year lease• During the eviction one of the renters files a bankruptcy, all eviction procedures are put on hold• Plaintiff files a motion for relief from stay.• Court grants the motion and orders the following.The Motion is granted under:a. 11 U.S.C. § 362(d)(1)b. 11 U.S.C. § 362(d)(2)Movant may enforce its remedies to obtain possession of the Property, including lockout, in accordance with applicable nonbankruptcy law, but may not pursue any monetary claim against the Debtor or property of the estate for amounts attributable to the period before the bankruptcy was filed except by filing a proof of claim pursuant to 11 U.S.C. § 501.Please explain what this order means.Thank you

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DrakeLAW

Juris Doctorate

1,070 satisfied customers
Filing chapter 13 after getting a writ of possession would

filing chapter 13 after getting a writ of possession would stay the lock out in california"

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Roger

Litigation Attorney

Doctoral Degree

34,608 satisfied customers
Here is the timeline of events: 1) April 15, 2016 - Filed

Here is the timeline of events:1) April 15, 2016 - Filed Chapter 7 Bankruptcy in the District of Alaska2) May 30, 2016 (with 60 days of filing) I filed Official Form 427 expressing that my residential lease would not be assumed (we decided to reject the lease and seek more affordable housing).June 11, 2016 - Notified Landlord that we have completely moved out (Please note that rent was paid in full up to July 1, 2016) so we thought we were doing the right thing by leaving early once we knew we would no longer be able to afford the apartment.We are 100% sure that the landlord received our notification.The landlord just sent me a collection notice and notice of a pending late fee if I do not pay July-September rent. He also included the following statement "Bankruptcy will not protect you from your early termination of our Rental Agreement nor for any damages to the property (there were none). Once damages have been assessed, they will be forwarded to you for immediate payment. Until then, rent is due per our agreement and both rent and late fees will keep accruing through the end of September when your lease ends. If you decide not to pay and not to abide by or agreement, you will also be responsible for any attorney and collection fees. Choose wisely."

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TJ, Esq.

Juris Doctor (JD)

11,622 satisfied customers
What constitutes a serious injury? I have a on-going

What constitutes a serious injury? I have a on-going unlimited civil lawsuit against an individual who is currently in a Ch 7 Bankruptcy Proceeding, who as our former, perpetrated an unlawful self-help eviction of us by hiring a thug who forcibly entered our apartment wielding a baseball bat, who assaulted, terrorized and forcibly evicted us from our apartment, breaking my arm in the process and causing mental anguish and emotional distress, the dispossession of our home and of all of our personal property. Our action includes 11 Causes of Action, 2 in Contract, 3 in Statute and 6 in Tort. The thug was arrested and ultimately convicted of felony assault. Is our lawsuit dischargeable?

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Texas Atty

Juris Doctor

37,212 satisfied customers
If I purchased my home with a land contract subject to the

If I purchased my home with a land contract subject to the current mortgage. The only stipulation was that I had to put the mortgage in my name by Jan 2017. Anyway, I am currently 30 days behind in payments as of April 1, 2016.My question is that if I do not pay April Rent/mtg what is the process timeline for the mortgage holder/landlord to evict me. I am planning on filing bankruptcy at the end of April. I would like to stay in the home till the end of June but I need to know my legal rights and the timeline/process for eviction in Oregon.

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Roger

Litigation Attorney

Doctoral Degree

34,608 satisfied customers
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