I have a rental unit and my tenant has been
a very bad pay, and now I’m trying to get rid of him. He filed bankruptcy. Is there
anything I can do? My name is Ron Drescher. I’m an attorney practicing bankruptcy and
creditors’ rights in Maryland, Delaware, Pennsylvania, and Virginia, and depending upon where you
are in the process of evicting your tenant, you may have greater or lesser rights. If
you have a judgment for possession and then your tenant files bankruptcy before the eviction,
then you have lots of rights, and for the most part, that tenant doesn’t even get the
automatic stay in place, so you should be able to just go out, contact the sheriff,
and evict the tenant, unless the tenant posts a 30-day payment of the rent into court when
they file the bankruptcy. Then, they’re going to have those 30 days to show that they’re
going to be able to bring the rent current. They can do that, but only if you have a judgment
for possession. If you don’t have a judgment for possession and your tenant files a Chapter 13
or a Chapter 11, your tenant is going to be able to cure the arrears on the rent over
some period of time, probably not longer than 6 months after a plan is confirmed, and they’re
going to have to keep the rent current on a going forward basis. So, it depends on where
you are in the process, but you do have rights, usually greater rights than most other creditors
have. Of course, if it’s a Chapter 7, then you can evict the tenant if they can’t cure,
but they will discharge all the arrears. My name is Ron Drescher. I’m an attorney practicing
bankruptcy and creditors’ rights, and if you have a question about your rights against
a tenant filing bankruptcy, please pick up the phone and call me. I would love to hear
from you.