I asked a question about my tenant yesterday - The Attorney was Mr. c fortunato.
My question was:
My property is located in City of Norcross, Gwinnett County in State of Georgia.
My tenant filed bankruptcy on July 18, 2011. She rented a home from me on October 14, 2011. She did not pay rent
for April 2012. I filed Dispossessory papers in magistrate court on April 13, 2012. She states in her Dispossessory Answer "My landlord
is not entitled to evict me or secure a money judgment for the following additional reasons: "I do not owe the amount stated and Defendant is currently in active Chapter 13 Bankruptcy."
The question is she did not file bankruptcy for this debt and she filed bankruptcy before she rented the home. How true is she her statement?
Does her situation affect my case of Dispossessory? What are my options and what should I do now?
What is your opinion in this case?
His Answer was (Mr. c fortunato)
That statement is incorrect.
Because the automatic stay which goes into affect as soon as a Bankruptcy case is filed specifically applies to claims that were in effect at the time of the Bankruptcy filing. Since you rented the premises to your tenant after her Bankruptcy was filed, the automatic stay does not apply to your lease with the tenant.
This is pursuant to Bankruptcy Stat. 362(a). The automatic stay does not apply to any claims that come into existence after a Bankruptcy is filed.
I think this is what you wanted to know. If not, please let me know.
Then my question was
What is the status to my dispossessory proceeding in the court?
Can I still go to court tomorrow to magistrate court and continue my dispossessory proceeding and get a judgment against her? or
I have to withdraw the case?
Then his answer was (Mr. c fortunato)
You can continue with your dispossessory proceeding, because your tenant's Bankruptcy has no affect on this proceeding.
You can continue with the dispossessory proceeding as if your tenant had not filed a Bankruptcy.
I went to Magistrate court today for a tral and the the Magistrate asked me to go to the Bankruptcy Court
and get the stay lifted.
Now the question is what is the Stay? what kind of form do I need to file to get the stay lifted in the Bankruptcy Court in Atlanta GA.? If you give me the form number then can file myself in the court?