If you’re a landlord, it’s likely that you’ll come across a tenant who files for bankruptcy at some point. Here at Tschetter Sulzer, we receive calls from landlords dealing with tenant bankruptcies on a weekly basis. A bankruptcy filing results in an automatic stay against creditors, including landlords, and brings an eviction action to an immediate halt. Short of waiting out the bankruptcy before evicting the tenant, which can take up to four months while the tenant lives in the property without paying rent, the only recourse the landlord has is to file specific paperwork with the bankruptcy court to obtain permission to proceed with the eviction. The process usually takes about six weeks.
TS files cases in Bankruptcy court every month and our team knows the ins and outs of the system. We are often able to negotiate a settlement with the tenant’s attorney to have the tenant move out quicker than it would take to go through the whole process. Even if a settlement is not reached, we have the legal expertise to work through the Bankruptcy court and get the tenant out.
Our attorneys can assist you with bankruptcy lease issues and guide you through every step of this sometimes-daunting process. Our clients rely on our expert guidance to help them navigate the challenging waters of the bankruptcy court system. THS attorneys use proven legal know-how to handle bankruptcy issues. We also assist secured creditors with their legal needs.