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Old 07-08-2011, 02:34 PM
 
40 posts, read 59,763 times
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Default Tenant just filed for Bankruptcy

Hi guys,

My tenant just filed for Bankruptcy, what options do I have to kick them out ASAP?

Thanks.
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Old 07-08-2011, 02:42 PM
 
3,055 posts, read 2,318,445 times
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It's best to ask an Attorney
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Old 07-08-2011, 02:42 PM
 
Location: Vegas, baby, Vegas!
3,156 posts, read 3,260,423 times
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do you have a deposit?
do you have a good relationship with your tenant?
HAVE YOU SPOKEN TO YOUR TENANT AS A HUMAN?

Just because he/she filed for bankruptcy doesn't turn them into a Satan worshiper.


Jonathan
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Old 07-08-2011, 02:47 PM
 
Location: NW Las Vegas - Lone Mountain
15,757 posts, read 19,972,902 times
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Quote:
Originally Posted by Sinister View Post
Hi guys,

My tenant just filed for Bankruptcy, what options do I have to kick them out ASAP?

Thanks.
Not much. Anything they owed you before the BK is tied up in the BK. You can't do anything about it except pursue it as a BK claim Can't evict them either.

If they don't pay their rent after the BK you can evict them for non-payment relatively quickly.
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Old 07-08-2011, 03:12 PM
 
40 posts, read 59,763 times
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I just read something called "Notice of Motion for Relief from automatic stay" that you have to file at BK Court. Still doing some research.
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Old 07-08-2011, 03:16 PM
 
Location: Kingman AZ
15,380 posts, read 22,208,754 times
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Why do you NEED to kick out the tenant...the BK doesnt modify his lease with you?
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Old 07-08-2011, 03:16 PM
 
Location: NW Las Vegas - Lone Mountain
15,757 posts, read 19,972,902 times
Reputation: 2661
Quote:
Originally Posted by Sinister View Post
I just read something called "Notice of Motion for Relief from automatic stay" that you have to file at BK Court. Still doing some research.
In general you won't get it. The court just says no. Wanting them out is not a criteria to the judge. If you can establish cause...Selling drugs, tearing up the unit...something like that you might have a shot. But note virtually everyone in BK has a lawyer who will handle this sort of thing with little trouble.
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Old 07-08-2011, 04:57 PM
 
Location: Las Vegas
270 posts, read 258,652 times
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Quote:
Originally Posted by macgeek View Post
do you have a deposit?
do you have a good relationship with your tenant?
HAVE YOU SPOKEN TO YOUR TENANT AS A HUMAN?

Just because he/she filed for bankruptcy doesn't turn them into a Satan worshiper.


Jonathan

Indeed. How quickly the tide turns. Watch out for Karma! Doesn't hurt to try kindness first.
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Old 07-08-2011, 05:03 PM
 
40 posts, read 59,763 times
Reputation: 22
Quote:
Originally Posted by olecapt View Post
In general you won't get it. The court just says no. Wanting them out is not a criteria to the judge. If you can establish cause...Selling drugs, tearing up the unit...something like that you might have a shot. But note virtually everyone in BK has a lawyer who will handle this sort of thing with little trouble.
I just contacted an attorney, the tenant will be kicked out.
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Old 07-08-2011, 06:57 PM
 
8,778 posts, read 4,888,101 times
Reputation: 2286
Quote:
Originally Posted by Sinister View Post
I just contacted an attorney, the tenant will be kicked out.
You called an attorney who told you what you wanted to hear. Good luck to you but better luck to your tenant who has probably become a victim of these tough economic times.
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