Tenant filed chapt13. What are the steps to remove from chap13?

5 Replies

I have a tenant (husband) who filed chapter13 and never told me about and he was paying his rent as usual with late fee. When I served noticed with demand-letter, his lawyer then sent me letter that they added me in chapter13. What should I do now to remove myself from chap13?

In advance, thank you for your valuable comments and suggestion.

Originally posted by @Syed Firoz :

I have a tenant (husband) who filed chapter13 and never told me about and he was paying his rent as usual with late fee. When I served noticed with demand-letter, his lawyer then sent me letter that they added me in chapter13. What should I do now to remove myself from chap13?

In advance, thank you for your valuable comments and suggestion.

 You hire a bankruptcy attorney to file the proper paperwork.

@Syed Firoz , I am presuming that the tenant is behind on rent and you are ready to file for an eviction. I am also presuming that the tenant in bankruptcy is the one on the lease agreement with you.

It’s typical for all “creditors” to be told to freeze their claims in a bankruptcy - don’t take this personally, in case you may. Lucky for you, your property does not constitute an asset in the tenant’s estate. It’s just a procedural thing to request the bankruptcy judge to lift the stay (freeze.)

You may be able to avoid having to hire an attorney for this. I’d try to go to the clerk’s office at the bankruptcy court and ask for advice on how to do that first. If your time is more valuable, then hire an attorney.

Once the tenant “understands” that he can’t avoid paying you, he may resume full rent payments.

Thank you for your comment. Yes, I took them county court and had payment plan which they did not follow though. How long does it take to lift the stay? To hire an attorney, what is the cost?

I am not clear on which took place first, the eviction or the bankruptcy filing. In any case, this is to give you guidance on your latest question:

http://www.cacb.uscourts.gov/faq/relief-automatic-stay-how-do-creditors-file

I had the seller do all that for me before I would go through with the purchase of a property under contract, so I do not know the details. But it took a short time from the time I said that I would not buy until the seller’s PM firm had the stay lifted.

I think that the Bankruptcy Court clerk can answer everything you need to know specific to Georgia.

Thank you for your response.

At first I filed at county court for dispos, then tenant added me to chapt13. Both showed up at county court and agreed on payment plan which they did not follow through. I informed by others that I need to request the bankruptcy judge to lift the stay (freeze.)

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