Chapter 11 Bankruptcy and foreclosure (Grand Junction: lease, eviction, lawyer) - Colorado (CO) - City-Data Forum

timimeyer · 03-09-2021, 10:07 PM

My son has rented a studio in a converted garage (with no heat, only portable heaters) for 13 months now. The property is in foreclosure, due to go to auction March 31. Owner also just filed chapter 11 bankruptcy as of March 9, 2021 for over 10 mil in properties. As of Wednesday March 3, 2021, the power was shut off to his studio due to non payment of $2700 and there is no way to get information on when it will be turned on again. When the power was shut off, he held onto his rent money as he had to go to a motel. He will pay his rent, but had to use the money for a motel.

The owner is now saying that because of non payment of rent after 10 days, the federal courts will be evicting my son. He has been in contact with the owner letting him know that he needed his money until the power was turned back on. He lost all of his refrigerated groceries and has no heat, way to cook or hot water in his unit.

Please advise on what my son should do to survive this. We are in Grand Junction, Colorado and it is horrible to find a place to rent, so if he can return to this place he will continue to rent.

[b]THIS IS WHAT THE OWNER OF THE PROPERTY SENT ME AS I HAVE HELPED HIM MANAGE THIS HOUSE AT TIMES.

"Doesn't have to be. By our ein # it's all excel energy bills denver and grajd junction. But i appreciate that info and we will make sure that that property is included. I shared the bk papers with you in the hope that we dont have to start eviction. However if nothing menaigful.is done bu tomorrow it is what we are mandated to do by the court. Anyone 10 days late or.more will receive eviction papers from us approved by tue federal court. This is not state anymore or.the city of.grand junction. This is no liquidation bankruptcy this is Federal Chapter 11 PROTECTION and reorganization. "

davebarnes · 03-10-2021, 06:45 AM

What does your lawyer say?

blondmoray · 03-10-2021, 08:30 AM

Colorado Legal Aid's Grand Junction office may be able to help your son:
https://www.legalaidoffices.com/deta...unction-office

2bindenver · 03-14-2021, 02:09 PM

Foreclosure paused with the bk.

Colorado has a habitability law. See https://www.colorado.gov/pacific/sit...bitability.pdf

GeoffD · 03-20-2021, 06:44 AM

Quote:

Originally Posted by 2bindenver

Foreclosure paused with the bk.

Colorado has a habitability law. See https://www.colorado.gov/pacific/sit...bitability.pdf

...and assuming his son shows up in court, an eviction lawsuit would be thrown out. I had something like this happen once. I paid rent to my attorney to put into escrow until it was resolved. I got sued on the way out for fictitious claims of damage to the property. I'd paid a security deposit and last month's rent when I signed the lease so I didn't owe anything. The judge ordered the landlord to pay my legal costs for abusing the court system and tossed the case. A $2,000 dope slap. People do really strange things when they get into that level of financial difficulty.