Glankler Brown Business Law. Period.

Topic: Consent Order

Tenant Bankruptcy Filings: What They Mean & What You Should Do

Posted by Josh Kahane on January 12th, 2012

A tenant bankruptcy filing will impede a landlord's ability to proceed with filing an eviction proceeding or carrying out the court-ordered eviction process.   A tenant can stop an eviction by filing for a Chapter 7 (Liquidation) or Chapter 13 (Wage Earner) bankruptcy.  Once the tenant files for bankruptcy, federal law, under 11 U.S.C. §362(a)-(b), imposes an "automatic stay" which     prevents all creditors, including landlords, from pursuing repayment of debt and/or eviction.

Topics: Landlord, Tenant, Bankruptcy, Chapter 7, Chapter 13, Creditor, Debt, Eviction, Consent Order, Rent, Occupancy, Lease Agreement, Proof of Claim, Multi-Family, Managers