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CA Lawyer
CA Lawyer, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Attorney
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I have been named a creditor in a bankruptcy case. I rent ...

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I have been named a creditor in a bankruptcy case. I rent a house to someone who has recently filed a Chapter 7. The plaintiff in the case owes me for two months rent which I am aware that I cannot pursue as she is protected by the Bankruptcy. What recourse do I have for eviction under the bankruptcy guidelines? I am also in the state of Virginia.
Was there an eviction pending at the time of the bankruptcy filing?

Was an unlawful detainer filed already?

What state is the property in?
Customer: replied 9 years ago.
No there wasnt an eviction pending as I was trying to worth with the tenant through her situation.

No an unlawful detainer has not been obtained.

The property is in good condition.
Under bankruptcy, in order to evict a tenant, there are a few options.

Basically, there are some exceptions to the automatic stay that apply where the house is in danger of being destroyed, or where a judgment in an unlawful detainer was obtained before the petition was filed. In these situations, there would be some procedural rules to follow, but a landlord could proceed with an eviction.

If none of these apply, then there are a few options.

The first option, is to hire an attorney and ask the tenant if they will stipulate to relief from the automatic stay so that a person may proceed with an eviction. If the tenant is agreeable to do so, then the court would likely grant the stipulated order and allow you to evict.

The second option, is to hire an attorney and file a motion for relief from the automatic stay, for turnover of the premises, and to allow state court remedies to be persued. This is a motion that must be filed with the bankruptcy court, and there would need to be a hearing on the motion.

The third option would be to wait until after the bankruptcy is discharged and then, if the tenant fails to pay post-bankruptcy rent, evict the tenant based upon the post bankruptcy default as opposed to the prebankruptcy rent due. Trying to get the pre-bankruptcy rent would violate the automatic stay.

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