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HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience:  I have filed over a thousand bankruptcy cases.
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I have a multi-tenant building in which my main tenant has

Resolved Question:

I have a multi-tenant building in which my main tenant has filed chapter 7. He has 5 of the 9 units in the building. They filed on 12-2-11. I see on the proof of claim form, B10, that i can claim the unpaid rent of Nov and Dec. What about the rent from Jan 12 to now?
How do I claim that? Their lease was to the end of the year. The court is using me as a storage warehouse! Doesn't seem fair. They won't even consolidate to 1 or 2 unit so i can lease out the others.
Thanks, RPW
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  HCLegal replied 5 years ago.
Hello and thank you for your question here on Just Answer.

Only the debt that was incurred PRIOR to the filing of the bankruptcy can be included in the bankruptcy. Therefore, any rent that became due after the bankruptcy was filed would not be included.

There should have been a place in the bankruptcy petition that listed the unexpired lease with your company. Schedule G, contains the section regarding unexpired leases. If they indicated that they wanted to REJECT the lease then you cannot go after them for any unpaid rent that was incurred after the bankruptcy was filed.

If you want to evict them from your property, then you will need to file a motion for relief from stay. This will give you the courts permission to start the eviction process and kick them out of the leased space.

Please let me know if you have any other questions or if you need clarification regarding my answers.

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