Legal Question in Bankruptcy in Florida

What are my rights?

I own a home that I rented, with intentions to buy, to someone 2 years ago,they paid $2000.00 to come off the purchase price,then on 6,19,2000 she filed bankrupcy,I filed an eviction on 7,3,2000 so her attorney filed a stay on the proceeding, We tried meditation but all she did was call me names,she said she wanted her $2000.00 back, there is quite a bit of damage to the home,Now she has moved to another house but she says she won't let me have my house till I give her the money if the only thing she has left is a car in the garage can I take possession,Is this abondanment or does the car mean she lives there


Asked on 8/03/00, 5:26 pm

1 Answer from Attorneys
Michael Duggar Buchalter & Duggar

Re: What are my rights?

You did not disclose what type of BK this person is in. If a Chapter 7, a discharge would be entered and you could ask the bankruptcy court for permission to evict non-paying tenant. If a Chapter 13, the tenant needs to become current in payments post-filing in order to stay in the property. You should invest/hire a bankruptcy attorney to handle this matter. You will not be successful handling this on your own.

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Answered on 9/27/00, 9:34 am


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