Legal Question in Landlord & Tenant Law in Florida
i a m currently filing chapter 13 including a judgement from my prior landlord i
i am being sued on a laese that i broke the landlord is relentless in pursuing this matter. i used all my money to go into the business and failed ... now i am currently working to support my family with no savings left and was advised to file for chapter 13 which would include the judgement from my former landlord. now i am being served with a motion to compell. the corportion is closed and has no assets and has never had any assets. please advise thank you ivyg.
1 Answer from Attorneys
Re: i a m currently filing chapter 13 including a judgement from my prior landlo
If the lease is commercial and the corporation is not filing bankruptcy, then the landlord may continue litigation against the company. However, if the company or you personally are both filing bankruptcy, then all litigation pursuing the debt listed in the bankruptcy proceedings should be automatically stayed. Your response to the motion to compel should include the bankruptcy filing and a request to stay the proceedings pending the outcome of the bankruptcy petition.
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