Remove bank property from my building

[always_the short_end]

Hello;

The corporate tenant in my Florida commercial building has declared Chapter 7. Their fixtures and inventory secured a bank credit line for their corporation. The fixtures will certainly not exceed their indebtedness to the bank, so the executor will probably award it all to the bank.

In the meantime my building sits jammed with these goods that I cannot move, and nothing seems to be happening. Rent was paid through 6-15-00, so I'm already out one month's rent+, with no hope of writing a new lease anytime soon. I have dealt with this bank in the past, and they are not at all cooperative, I will have to force their hand.

How should I proceed to (1) collect rent from the bank, and (2) either force them to remove the contents or position myself to do do it legally and auction the stuff off? What about the time in limbo while the executor of the bankruptcy drags his feet? I presume the bank can't be resposible until he "awards" them the fixtures . . . sigh.

Darn, I have a feeling I'm about to be screwed again . . . And those 7's have a way of dominoing :-(

Thanks, -always
(and I do mean *always*)

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by always_the short_end:
Hello;

The corporate tenant in my Florida commercial building has declared Chapter 7. Their fixtures and inventory secured a bank credit line for their corporation. The fixtures will certainly not exceed their indebtedness to the bank, so the executor will probably award it all to the bank.

In the meantime my building sits jammed with these goods that I cannot move, and nothing seems to be happening. Rent was paid through 6-15-00, so I'm already out one month's rent+, with no hope of writing a new lease anytime soon. I have dealt with this bank in the past, and they are not at all cooperative, I will have to force their hand.

How should I proceed to (1) collect rent from the bank, and (2) either force them to remove the contents or position myself to do do it legally and auction the stuff off? What about the time in limbo while the executor of the bankruptcy drags his feet? I presume the bank can't be resposible until he "awards" them the fixtures . . . sigh.

Darn, I have a feeling I'm about to be screwed again . . . And those 7's have a way of dominoing :-(

Thanks, -always
(and I do mean *always*)<HR></BLOCKQUOTE>

As you know once the tenant files BK, you as the landlord are now under the jurisdiction of the BK court Trustee. You can not do anything without the BK trustee's approval. Contact this person and ask for the rent and a quick sale of the FF&E so you can rent the space to another tenant. Stay in contact with the banks attorney so you are keep informed.