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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Is an individual tenant afforded protection under 362 of the

Customer Question

Is an individual tenant afforded protection under 362 of the bankruptcy code if the premises being rented is commercial in nature?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
cfortunato :

Hi JACustomer,

cfortunato :

Is the tenant the one filing a Bankruptcy?

JACUSTOMER-2vhjdevc- :

yes

JACUSTOMER-2vhjdevc- :

she filed chapter 7

cfortunato :

What is the relationship between this Bankruptcy filer and the commercial lease?

cfortunato :

Does the filer own a business that is leasing the premises?

JACUSTOMER-2vhjdevc- :

She is a member of an LLC that operates a business and an individual signer

cfortunato :

Had the lease already expired before the Bankruptcy was filed?

JACUSTOMER-2vhjdevc- :

No

cfortunato :

Then the automatic stay does apply to this lease.

cfortunato :

It does not matter that this is a commercial lease.

JACUSTOMER-2vhjdevc- :

Under CT law

JACUSTOMER-2vhjdevc- :

other than section 362 (b) (10) of bankruptcy code

cfortunato :

Bankruptcy is a federal program, so this rule applies to all states - including CT.

JACUSTOMER-2vhjdevc- :

CT case law?

cfortunato :

Case law is needed only when there is a question about the statute. The statute is straightforward, so it is unlikely you will be able to find any case law on this.

Expert:  cfortunato replied 5 years ago.
I think this is what you wanted to know. If not, please let me know.
Thank you.