14 Feb How to Handle a Tenant Bankruptcy Filing
Mobile home park tenants who file for bankruptcy can pose problems for the park owners. There are a few principles to keep in mind for park owners and managers to be able to effectively deal with a tenant bankruptcy filing. You must proceed within state laws and guidelines so as to not be held in contempt of court regarding collection of rent. Contact Lawyers for Landlords to assure that you have the correct and legal processes to guide you.
If you did not receive notice of the filing, you usually cannot be held in contempt. However, notice need not be in writing; legal notice also may be done via a phone call by the tenant who is filing the bankruptcy. An automatic stay will be issued and you cannot attempt to collect the rent due. Lawyers for Landlords will be able to provide assistance to you in dealing with a tenant bankruptcy.
You will need an expert mobile home law attorney to help you with this situation. Chapter 7 and Chapter 13 of the Bankruptcy Code are complex and specific as to how a debtor can proceed. The process can take from 9 months up to 36 months in the case of a Chapter 13 filing. Do not attempt to collect past due rents on your own, as you may find yourself in violation of the law. Contact Lawyers for Landlords who are experts in assessing mobile home landlord tenant law. You must follow the law precisely. Know how best to proceed to hopefully be able to cure the rent owed legally. Having the right mobile home law attorney on your side is invaluable.