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My tenant filed chapter 7 bankruptcy and won't pay rent, what can I do? |
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If the tenant's Chapter 7 bankruptcy is still pending, then you will need to file a Motion for Relief from Automatic Stay to ask the bankruptcy court's permission to evict the tenant while the case is pending. If the tenant does not oppose your motion and the judge signs off on your Motion, then you will be able to proceed with evicting the tenant by filing an Unlawful Detainer action. I would highly recommend you consulting with an experienced bankruptcy creditors attorney to assist you with filing the Motion for Relief from Automatic Stay and an experienced landlord-tenant attorney to file the unlawful detianer action. |