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I am a landlord in Texas. My tenant filed chapter 11 on Oct.

Customer Question
I am a landlord in...
I am a landlord in Texas. My tenant filed chapter 11 on Oct. 6 - no rent paid in October. Does the automatic stay prevent me from posting a notice to pay or quit since he's failed to pay his November rent as well?
Submitted: 9 years ago.Category: Bankruptcy Law
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Customer reply replied 9 years ago

Allen / Frisco, Texas


Already Tried:
Tenant has been late with rent every month so far (lease started in July). He owes late fees from August rent plus unpaid utilities (his failure to transfer service immediately upon move-in) of almost $600. Monthly rent is $ 1695; his grace period ends on the 8th. On October 9, he emailed to say that he was filing chapter 11 & said we needed to contact his attorney for more info. Apparently he's putting the October rent & the past due fees into his bankruptcy filing. I need to know how to proceed with post-bankruptcy rent (attorney confirmed 10/06 as his filing date). So far we have received no paperwork from the attorneys or from the Court regarding his filing. We just want him to pay his rent on time or move on, but don't want to risk violating the auto stay by posting a notice or sending him a letter discussing his past due rent.
Answered in 3 hours by:
11/10/2008
Bankruptcy Lawyer: Ellen, Attorney replied 9 years ago
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,714
Experience: Bankruptcy Lawyer. Experienced.
Verified

Hello,


Thank you for your question. I am happy to assist you.


The automatic stay prevents you from taking any legal action at all against the debtor without bankruptcy court permission.


You will want to file for Relief from Automatic Stay in the bankruptcy court.


If successful in your motion, you will then be able to continue your action to dispossess the tenant.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


Please click ACCEPT so that I can get credit for my work

Bonus and Positive Feedback gratefully accepted!


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,714
Experience: Bankruptcy Lawyer. Experienced.
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