Found an issue on this page? Let us know and we will look into it as soon as possible.
Bankruptcy and unlawful detainer, eviction
Anonymous4 views2 answers
One of my tenants who i want to file an unlawful detainer for has filed for bankruptcy. I want to make a motion from the automatic stay - I've found the proper form (F 4001-1m.ud), but I have a question about service of this form. If i hand deliver it to him today (bc he is still in his commercial unit) when is the soonest I can have a hearing in the bankruptcy court for this motion? I'd like to evict him as soon as possible. Also, his creditors meeting is scheduled for 9/11. Does this make a difference?
Peter Walter WestonBankruptcy AttorneyBellaire, TX ·
The safer practice, is to retain a bankruptcy attorney, to file a motion to lift the automatic stay, so that you can begin eviction proceedings, subject to any limitations the bankruptcy court instructs you on.
A hearing can be held typically in 3-5 weeks, depending on the court's docket availability.
The revised bankruptcy code provides that unpaid landlords may not be subject to the automatic stay, but it can be better to ask for permission, than forgiveness.
Often landlord creditors wait until the creditors' meeting, to ask if the debtor intends to pay, although that intention may be determined by examining schedule G in the petition if they reject the lease, or by calling the debtor's attorney to ask.
You are not required to wait, to file a motion to lift stay, if there is a monetary rental default.
In my jurisdiction, we obtain the court hearing date BEFORE we file the motion, and service is always by mail on both the Debtor & his attorney. Personal service is seldom used in bankruptcy court.
Check the local rules at the Court's website for more details. In my jurisdiction, we also send a "Notice of Hearing" which is a separate form, mailed with the Motion to Lift Stay.
Hope this perspective helps!
