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Sam Liu
  • Investor
  • Santa Clara, CA
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How long does eviction (with Tenant bankruptcy) take in Memphis?

Sam Liu
  • Investor
  • Santa Clara, CA
Posted Mar 10 2017, 14:23

I have an investment property in Memphis. It's my first out-of-state investment property. Unfortunately, the tenant (who is the first tenant for my first out-of-state property) stopped paying rent after 3 months. He actually never paid on time in that 3 months.  So we started the eviction process on Dec 6th last year. 1.5 months later, we got the judgement that we could get the possession of the house. Just two days before we could get the possession, the tenant filed bankruptcy. He timed everything very well. Either he is a professional tenant or an attorney was helping him. So we had to stop eviction and wait for the next rent due date - Feb 5th. 

Early Feb, my PM said he asked his attorney to ask the bankruptcy court to lift the automatic stay. Now it's March. The attorney still say that they haven't heard back from the court but see the bankruptcy to be dismissed completely on that March 21st. My PM said we might need to wait until then to start another eviction process. At first, they were saying this bankruptcy court will take up to 30 days. 

I feel it's been really dragging on. Assuming that we have to wait until 21st, it will take our PM's attorney 4 months to start another eviction process, which can easily take another 1.5 month. So the whole process will be about 6 months. 

Have you had eviction experience with tenants filing bankruptcy? How long did it take you to complete the process? 

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