We have a tenant that we were taking to court for eviction. We learned now that they filed chapter 13. Has anyone had any experience with this? Do they have any obligation to pay rents going forward?
Ash2740, we had a Tenant that owned their own Mobile Home. They had not paid Monthly Lot Rent, so we had filed for Eviction. When they received their Eviction Notice, they contacted us and said that they had filed Bankruptcy. However, we had not received any documentation from their Attorney.Once we received the documentation from their Attorney then what they previously owed before filing Bankruptcy we could not go after.However, after they filed for Bankruptcy we could hold them accountable to pay.You will want to be VERY CAREFUL in this area of Bankruptcy. Please make sure that you know your State Laws and the Federal Laws.We wish you the very best!
You should probably get an attorney to represent you in court on this one. But yes, they will owe you rents beginning the day after they file bankruptcy. All rents owed before that go into a creditor pool that may only get paid pennies on the dollar.Sorry to hear this has happened to you,-jl-
Complete the eviction. A tenant filling for bankruptcy still leaves you with remedies and for you to collect ANY money in the future is questionable. How many months were they behind before you took action???. As most operators know if they are late more than 1 days there are late fees especially if it has occurred in the past and the park owner needs to have no tolerance for late payments–tenants talk and being Mr. Nice will not win that battle.