Bankruptcy Proceedings

Tenant bankruptcy, including the preparation of all necessary legal pleadings to obtain permission of the bankruptcy court to proceed with an eviction to recover possession of the property.

When a tenant files bankruptcy, an automatic stay prevents him from being evicted.

  • Under the new bankruptcy laws the automatic stay will not affect the eviction proceedings when a landlord already has a judgment of possession against the tenant when he files bankruptcy.
  • The landlord can continue with the eviction just as if the tenant had not filed for bankruptcy. 

Note: Bankruptcy proceedings do not protect a tenant who has been endangering the property or using controlled substances.