Real Estate Law
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I am sorry to hear about this situation. Please tell me, at the time of the bankruptcy filing, were they (or, are they) behind on the lease?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Thank you. The filing does not allow the landlord (i.e. you) to immediately file for bankruptcy. The lease continues until its end. But then, per the the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, but the tenant continues to stay and not leave AFTER the term is over, then one needs to go to the federal bankruptcy court and ask the judge to allow the landlord to proceed with eviction (called lifting the automatic stay).
There are nuances involved, such as damages to property and otherwise, which augment the answer.
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