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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Can a person be evicted if they file chapter 7 including the

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Can a person be evicted if they file chapter 7 including the rental property.
Hi JACustomer,
1) Are you asking about a Bankruptcy filer who is a tenant in the rental property, or a Bankruptcy filer who owns the rental property?
2) If a tenant, is there any past-due rent that will not be paid?
3) If an owner, is the mortgage in arrears?
Customer: replied 5 years ago.

A tenant who owes utilities and upcoming rent

Thank you for your response.


Yes - the tenant can be evicted if there is unpaid rent.

A Bankruptcy can discharge the obligation to pay any rent that was due at the time of the Bankruptcy filing, but not any rent that becomes due after the Bankruptcy is filed.

In other words, a Bankruptcy will have no affect at all on any unpaid rent that becomes due after a Bankruptcy is filed.

(If there is unpaid rent from before a Bankruptcy is filed, the obligation to pay that rent can be discharged, but if the rent is not paid - even though discharged - then the landlord can evict the tenant.)


I think this is what you wanted to know. If not, please let me know.

Thank you.

Customer: replied 5 years ago.

you're saying in the last paragraph that the obligation to pay can be


discharged. Next you say that the landlord can evict the tenant for the same rent that was due. Is that correct? What about utilities and the fact that the landlord has not declared the property a rental or installed safety features and surely, even in Arkansas there must be some type of insurance mandated by law. Is that so?

That is correct - a tenant can be evicted because there is unpaid rent and/or utility bills, even if these obligations are discharged in a Bankruptcy. (However, if the Bankruptcy is still in progress, the landlord would first have to file a motion for relief from the automatic stay with the Bankruptcy court if the eviction proceeding will be based solely on unpaid rent or utility bills that were due before the Bankruptcy was filed. If the eviction proceeding will be based on unpaid rent or utilities that became due after the Bankruptcy was filed, then it is not necessary to get the automatic stay lifted to proceed with an eviction proceeding.)

Your last question should be directed to an Arizona landlord/tenant law expert. I was able to answer your Bankruptcy Law question, but I am not an Arizona landlord/tenant expert, so cannot answer your Arizona landlord/tenant question.

Thank you.


Customer: replied 5 years ago.

Thank you. I should have stated Arkansas not Arizona.

You're welcome!

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