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Can a commercial tenant file chapter11 to stop an eviction…

Customer Question
Can a commercial tenant...

Can a commercial tenant file chapter11 to stop an eviction in New York State?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Rochester N.Y.

Lawyer's Assistant: Has any paperwork been filed?

The 3 day cease and desist paper has been received

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/11/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,117
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago

Thank you for your patience. The answer to your question is yes, if you file for bankruptcy, it should stop the eviction process through the automatic stay. I hope that it doesn’t over simplify your answer, but this will work. Once the bankruptcy is filed, the automatic stay notification will be sent to all of your creditors, including the landlord. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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