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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 02-12-2004, 11:18 PM
takkie
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URGENT! Court evited our case, but Tenant dont pay rent after filing chapter 7


What is the name of your state? -- New York, Long Island.

Hi, I hope you can help me with my situation. I'm an owner of a store. I
have a case against my tenant ( Its a Spa) regarding some past due fees she owes
me(about 21k). I won the case automatically because the tenant didn't show
up in court and I even got the judge to grant the eviction against the
tenant. This happened on Jan 20, 2004. On the same day, the tenant filed a
chapter 7 bankruptcy. I didn't know about it until a week later when I
received a court letter regarding her bankruptcy. Looking at the letter, it
seems to me that she filed the bankruptcy under her name but not the
business name. She never paid the rent for January 2004. My lawyer was in
the process of submitting documentations to local sherriffs to have her
evicted. The February's rent is due on Feb 15th. Here's my questions:
1) Is the court's decision regarding her eviction still valid? If not, what
can I do next?
2) Is she responsible for any future rent after her bankruptcy? If so, can I
have her evicted if she doesn't pay the February's rent on time? and what
steps do i need to take?
3) What does her personal bankruptcy has an effect on her business? Can she
still operate the SPA?
4) Will I be able to get any part of the money back(21k)?
5) My lawyer is specialized in Landlord/Tenant case, he's not familiar with
bankruptcy case. Should I hire a bankruptcy lawyer?
6) My lawyer went to court for 6 times, 4 out of those 6 times I have no
knowledge of. Am I still responsible for these 4 court appearances fee? From
what my lawyer told me, those 4 court appearances were held b/c my tenant
wasn't able to get a lawyer each time, so she keeps rescheduling the court
date. My lawyer already added his court appearance fee to the charges
against my tenant, but he still sends me the bill including those fees. Am I
supposed to pay for these too?
7) At this point, I have not gotten any money from the tenant after I won
the case and I already paid some of the legal fees to my lawyer. How can I
minimize any future cost?
8) The creditors meeting is held in mid February, should I go? or should I
go with a lawyer?

Please help me on this.
Sorry for the long post, Thanks for your time.
-Tak

Last edited by takkie; 02-12-2004 at 11:41 PM.
  #2  
Old 02-13-2004, 07:19 AM
planner
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You need to get you attorney to file a motion to lift the stay.

As for personal filing vs. business, if the spa was SP or SMLLC it would personal filing (both of which are reported on the filiers 1040 as schedule c business).
  #3  
Old 02-13-2004, 01:56 PM
takkie
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Hello Planner,
Thank you for your reply.

The "motion for lift the stay", can this be filed myself? My lawyer specialize in tenant/landlord laws. He is not familiar with bankruptcy, Or do you think it is worth it to get a BK lawyer?

After I file the motion for lift the stay, how long does it take in order to get her to move out from my property? And If this can be filed myself, what are the steps?

thanks,
tak
  #4  
Old 02-13-2004, 02:17 PM
planner
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The lifting of the stay only allows you to go forward with the eviction proceedings. So, add 20-50 days to an ordinary eviction.
  #5  
Old 02-13-2004, 04:21 PM
takkie
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so, during this lifting of the stay period, does she have to pay me rent?

and can this lifting of the stay be filed myself?

thanks,
tak
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