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will a bankrupcy filing stop an eviction on a commercial p

roperty?...
will a bankrupcy filing stop an eviction on a commercial p roperty?
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Answered in 5 minutes by:
4/4/2012
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

It will, but only for a moment

Terry L. :

The landlord would likely move to modify the automatic stay after the bankruptcy case is filed.

Terry L. :

Which would be granted if you were in default.

Terry L. :

I see that you are offline, should you have any questions, please let me know. thank you.

Customer:

The lease is in the name of two seperate entitys (2 seperate LLCs). The 5 day pay or vacate and small claims court filing only list me personally (no personal guarantee was signed) and only one of the business entitys. I also sublease to another business a portion of the property (this was allowed on the lease) and this business also was not mentioned in the pay or vacate notice or court filing. We had a verbal agreement on how I was going to catch up on the rent but the landlord must have changed his mind and evidently just wants me out. I'm wondering what my options are to stall the eviction for a while while I obtain the proper permits from thje city to move into an adjacent property that I also currently rent as storage from a different landlord or to perhaps gain a little leverage to work out a payment plan with current landlord.

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Customer reply replied 5 years ago

The lease is in the name of two seperate entitys (2 seperate LLCs). The 5 day pay or vacate and small claims court filing only list me personally (no personal guarantee was signed) and only one of the business entitys. I also sublease to another business a portion of the property (this was allowed on the lease) and this business also was not mentioned in the pay or vacate notice or court filing. We had a verbal agreement on how I was going to catch up on the rent but the landlord must have changed his mind and evidently just wants me out. I'm wondering what my options are to stall the eviction for a while while I obtain the proper permits from thje city to move into an adjacent property that I also currently rent as storage from a different landlord or to perhaps gain a little leverage to work out a payment plan with current landlord.

You'll have to fight this in eviction court, as a bankruptcy wouldn't stop this for very long.
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Terry L.
Terry L.
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Category: Bankruptcy Law
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Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

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