Filed eviction for non payment, tenant in bankruptcy, need notice of stay lifted

[shelleyruss]

Signed a lease on 8/15/2010 wth a man, wife, and daughter. all three different names. Did not know man had seperatly filed bankruptcy two weeks prior. They paid for two months and quit paying. The man moved out. Wife and her daughter still living there. I filed eviction and received a notice of stay. How do i get it lifted and get my house back first. How do i then collect back rent or garnish wages of any or all the signed tenants. Guessing i need to go to bankruptcy judge handling his case. how can tenent enter lease agreement being in bankruptcy and not intend to pay and live for free?

 

[army judge]

Your immediate problem is how to get the stay lifted. You do that by going to the bankruptcy proceedings, as noticed.

You may eventually win a judgment for rent and fees. Don't expect to collect a dime from the shyster and vagabonds. At this point, consider yourself lucky just to get them out of your home.

You might be wise to retain an attorney to do this for you. The BK cloak of protection can be worn for 60 or 90 days, if my old memory is functioning properly.

Why did they do this? To scam and con you. They pay two months rent and live rent free for another four-five months!!! I bet they've done this before.

Once the BK cloak of protection has been lifted, it could take you another two-three months to have them legally evicted. These charlatans are 21st century grifters.

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Amended note!!!

You might want to speak with a lawyer, immediately.
Upon second thought, I don't think the stay is legal.
What I'm trying to say is, that the man should NOT have entered into a contract after he filed his BK (without the trustee's approval).
If he obtained a lease AFTER the BK filing and the trustee did not approve it ( I doubt that he did), you might be able to get the stay lifted, sooner, rather than later!

That way, you can speed up the eviction, or at least NOT allow the BK to delay it!

As I recall, he had to be entered into the lease prior to the BK in order to legally effect the stay.
There are exceptions, and it might be because he had no where to live.
Therefore the stay might be applicable.
At least speak with a lawyer.
The initial consultation is free.
You could find the discussion very beneficial!

 

[mightymoose]

I am guessing you did not perform any credit check prior to signing them onto the lease?

You should make a better effort to check a background prior to letting them in. A small expense upfront can help to protect you from such a big loss later. In fact, you can even charge them an application fee to cover the cost of a credit check.