Tenant Files Bankruptcy
What happens if my tenant files bankruptcy?
Back Rent
If the tenant owed back rent and filed for chapter 7 bankruptcy, that debt is now likely discharged. This means that you will never be able to collect the rent that was owed to you at the time the tenant filed for bankruptcy. The tenant can voluntarily pay you, but you can not attempt to collect that past due rent while the automatic stay is in effect or after the debt is discharged. Such attempts would be either a stay or discharge violation.
Eviction
If you were in the process of evicting your tenant when they filed for bankruptcy, that eviction action is now likely stayed. This means that you will have to make a “lift stay” motion and have it granted by a Bankruptcy Court Judge in order to continue with the eviction in Landlord-Tenant court. However, under certain specific circumstances you will be allowed to continue with the eviction despite your tenant having filed for bankruptcy.
Long Island Landlord Tenant Attorney
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.
Scheduled Foreclosure Settlement Conference
I received a notice to attend a foreclosure settlement conference, what should I do?
Go!
If you are facing foreclosure and the court has scheduled a foreclosure settlement conference for you, you should attend or hire an attorney, probably for a lot less than you may think, to attend on your behalf or with you.
The foreclosure settlement conference provides the homeowner with an opportunity to negotiate a loan modification with their lender. If you are interested in saving your home from foreclosure, the foreclosure settlement conference may be your last chance to do so.
Foreclosure Defense Attorney in Mineola
Contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a foreclosure defense attorney.
Please visit our Foreclosure category to learn more about foreclosure issues.
According to New York Domestic Relations Law, there are certain Automatic Orders, which shall remain in effect while the divorce is pending in Supreme Court. One of these Automatic Orders addressed in this statute prevents any spouse from selling, transferring, encumbering, assigning, or removing any property without the consent of the other spouse. This preserves the ability of the court to make a proper ruling on any and all property that they have jurisdiction over at the time the action is brought. This section of the DRL also covers such topics as 401k retirement plans, health insurance for spouse and children, running up marital debts, and more.
If you or your spouse have filed for divorce or are planning on filing for divorce and you are not sure if this situation is one you will have to encounter, call The Long Island Family Law Firm of Vaughn & Weber, PLLC, at (516) 858-2620 to speak with a family law attorney!
Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.
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