Posted by Jimmy on November 09, 2005 at 07:07:29:
Proceed with the eviction. If he really filed for BK protection, his attorney will show up at the eviction proceeding.
My understadning is that he can evade the back rent, but you can still have him evicted.
Bankruptcy shenanigans - Posted by Will
Posted by Will on November 08, 2005 at 22:03:44:
A tenant of mine claimed that he filed bancruptcy ch7 right before the law changed. I have not received any notification as being listed as a creditor (he is behind with rent), so I served the 3 day notice today.
He promptly left me a message stating that I should stop asking him for money or he will file suit, and gave a BK case number and some lawyer’s name.
Can I still file eviction after the 3 days?
Does he have a case with the “asking for money” thing?
note: initially we agreed to work out the rent situation between us, aside from the BK; he gave me a partial payment AFTER he filed BK, I gave him a receipt but I don’t have one.
I am clueless when it comes to BK, any advice would be greatly appreciated
Will in Ohio
Re: Bankruptcy shenanigans - Posted by river city
Posted by river city on November 09, 2005 at 13:02:41:
Contact his attorney and find out what is going on. I certainly wouldn’t go through all of the worry if I could find out up front what is happening.
The BK would only wipe out debts through the date of filing, not future debts. Did he include you in the BK? If he did, you should be receiving something from the courts indicating this. Until you receive something from the courts, you can continue to try to collect the debt, because as far as you know right now, you have nothing concrete that indicates that you were included in the BK.
I would also suggest that you retain an attorney.