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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2889
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I was in the middle of evicting my tennant when she filed chapter

Customer Question

I was in the middle of evicting my tennant when she filed chapter 7 bankruptcy 8/12/10 in New Mexico. She has not made a rent payment since 6/17/10 and has not made a water payment for ten months. If the water isn't paid the owner is responsible. The lease is month to month and she has violated the lease agreement by allowing a roommate to move in and three late payments also terminates the lease. I know I won't get paid for rent prior to the bankruptcy but how do I get my house back? Am I intitled to receive rent during the bankruptcy? How do I address the bankrupcy court? I'm listed on schedule F unsecured nonpriority claim for $2,894.00 dollars.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.
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Terry L. :

You should bring a motion to modify the automatic stay so that you can proceed with eviction.

Terry L. :

You cannot collect any amounts from the date of filing and back, but you can collect for amounts that come due after the case was filed. Once you get the order modifying the automatic stay, you can then start your eviction proceedings in accordance with your local laws. The pre-bankruptcy debt to you will be discharged and you cannot collect on that. Thanks for your question, good luck to you.

Expert:  Terry L. replied 6 years ago.
If you have any further questions, please contact me. Good luck