Tenant has not paid in months, won't leave, and has filed for Chapter 7 bankruptcy

[jacksonf4]

I have a tenant who has not paid rent since June of 2012. On 8/15, I gave her an eviction notice. I waited 10 days, and she didn't leave. The next day, I filed a lawsuit in small claims court for the rent owed and possession. The next day, I get a letter from her attorney that she filed for Chapter 7 Bankruptcy. Bankruptcy hearing is on 10/17.

When I filed the paperwork, I did not go to the sheriff to deliver the summons; I had it sent via certified mail.

September 13th, I got to court and my tenant didn't show up. Judge states that because I didn't go to the sheriff to deliver the summons, I'd basically have to start my lawsuit over all over again. I re-filed the paperwork on September 13th. October 4th, I get an Automatic Stay notice from her lawyer. October 11 (tomorrow), we have court.

My main concern is that I re-filed my lawsuit after I got a notice that she filed for bankruptcy (but before the automatic stay notice). Is re-filing considered an attempt collect? Could I get in trouble for that? Note, my original filing was done BEFORE I got a bankruptcy notice. At this point, I'm not concerned about collecting a dime; I just want her out of my property. Also, what should I expect in the bankruptcy hearing? Am I going to have to give my tenant her security deposit back?

I've lost so much money and the threat of losing more (or paying more to not lose more) is killing me...

Any help is appreciated,

Jay

 

[army judge]

I doubt you will have any difficulty from the bankruptcy court, if you obey the stay.
She will eventually have to go.
If you wish to expedite the process, I suggest you speak with an attorney.
I'm not sure, nor do I wish for you to reveal more details about the eviction process you previously bungled.
I doubt that if you had not made a misstep, it would have done any more harm than what has been done.
Evictions are never quick, and especially if the tenant has counsel and you don't.
So, if you want to ensure you are not outfoxed again, retain an attorney to represent and protect your interests.
I don't see that you have done irrevocable harm to yourself, or even delayed the inevitable.
It is just taking a little more time.
If you're smart, you won't return the deposit, until after she has vacated your premises.
That way you can do a walk through, taking a video and pictures to properly document damages.
But, in your state you must provide the tenant a list of all damages within 30 days of the property being vacated.
Now, check that time limit with the attorney you will hire, and make sure you do that correctly.
Why?
Because if you screw that up in Illinois, you can be assessed double damages, plus attorney's fees of the tenant.