My Understanding of the Bankcrupcy Automatic Stay

I believe I posted the answer in the past, but I could find it out. Here it is again.

Generally, when tenant filed a bankruptcy petition, all collection actions were automatically stayed. Lanlord may not write or call tenant in an effort to collect these rents, and may not start or continue a lawsuit to evict tenant (for the rents tenant owed BEFOR bankcrupcy filing).

The automatic stay does not reliece tenant from his/her obligation to pay rent AFTER the bankcrupcy filing. If tenant fails to pay rent After bankcrupcy is filed, the lanlord can evict the tenant regardless of the bankcrupcy filing.

Therefore the conclusion is if the tenant owes planotx one more penny after bankcrupcy filing, planotx can initiat eviction process again. In less a month (here in North Dallas), tenant is out.

I always tell tenants do not play this type of stupid game in North Dallas, it does NOT work.I have been to so many eviction cases, as long as tenants owe rent payments, they do not stand a chance. Filing bankcrucy just buys them one more month.

By the way, the informaton here applies to North Texas, may not apply to other areas, like California. Check your own State Laws.

 

 

所有跟帖： 

• good info.. -jy101- ♂ (0 bytes) () 07/03/2012 postreply 13:09:34

• 好情报。古石什么时候才能够毕业啊。 -古石- ♂ (0 bytes) () 07/03/2012 postreply 14:18:31

• 顶！ -比花花还花- ♂ (0 bytes) () 07/03/2012 postreply 15:07:10