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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Just read my tenants bankruptcy explanations that her attorney

Customer Question

Just read my tenant's bankruptcy explanations that her attorney sent. "The debtor will remain in possession of the debtor's property and may continue to operate the debtor's business, if any, unless the court orders otherwise."
I will be at the bankruptcy court hearing tomorrow at 1pm. What can I say in order for the court/trustee to let us have the possession of our property. She has few city code violations that she has not repaired and currently serving jail time on weekends only.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,
1) Is your tenant current with her rent?
2) What Chapter Bankruptcy did your tenant file (7, 11, or 13)?
3) Did your tenant file a personal Bankruptcy or a business Bankruptcy?

4) Is your lease agreement with the tenant personally, with her business, or both?

5) What hearing is scheduled for tomorrow?

Customer: replied 5 years ago.
She's 3 months behind in rent. It's a commercial lease with the tenant not her business (restaurant). I was planning to change the lock on the property last Friday, that's when I found out that she has filed chapter 13. I think it's a Personal Bankruptcy not Business.
On the bankruptcy paper, Debtor is listed in her name not a business name.
Confirmation Hearing is scheduled for tomorrow. I know VA law allows landlords to use self-help remedies for commerical tenants. I would like to get her out of the property ASAP, for she has neglected many repairs that she's responsible for. The City of Newport News would love to see her out of business for she has been a headache for them for many years now.
Expert:  cfortunato replied 5 years ago.
Bankruptcy law supersedes state law. Before you lock her out, you have to file a motion with the Bankruptcy court asking for relief from the automatic stay. Once you get relief from the automatic stay, you can proceed as if your tenant had not filed a Bankruptcy.
You should be able to get the necessary forms forvthis motion from the clerk at the Bankruptcy court.

I think this is what you wanted to know. If not, please let me know.
Thank you.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Does automatic stay applies to business? I thought that's for residential only.
Expert:  cfortunato replied 5 years ago.
Thank you for accepting my answer!
When does her lease expire?
Customer: replied 5 years ago.
Sep 30, 2013
Expert:  cfortunato replied 5 years ago.
The rule is the automatic stay does not apply to commercial property when the lease for that property has already expired. Otherwise, tha automatic stay does apply to commercial property also.