Legal Question in Bankruptcy in Florida

I own a business. Last month, I was in the hospital and am now recovered and fine. However, I am paying my rent late this month. My landlord served me with a 3 day notice which ends today. My merchant processing does not get credited until Monday. If I file a Chapter 11 this afternoon, will that stay an eviction filing and will it nullify the lease? My business is a recreational facility so it can't be moved. My landlord refuses to give me until Monday.


Asked on 12/07/12, 12:33 pm

2 Answers from Attorneys
Stephen Orchard Law Offices of Stephen Orchard

Bankruptcy would put the automatic stay in place so, yes for a short time the matter would not proceed. However, bankruptcy and particularly Chapter 11 should not be used simply to buy yourself one day, which is essentially what I'm getting from your question. You should consult with a local bankruptcy attorney as soon as possible to discuss your options.

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Answered on 12/07/12, 12:40 pm
R. Jason de Groot R. Jason de Groot, P.A.

Filing bankruptcy is not the answer for you. A suit has to be filed and you would have a number of days to answer it. It would be a waste of money for the landlord to file the suit when you will have the money rather swiftly.

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Answered on 12/07/12, 12:50 pm


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