Legal Question in Landlord & Tenant Law in Illinois

I have a tenant who has not paid rent since June of 2012. On 8/15, I gave her an eviction notice. I waited 10 days, and she didn't leave. The next day, I filed a lawsuit in small claims court for the rent owed and possession. The next day, I get a letter from her attorney that she filed for Chapter 7 Bankruptcy. Bankruptcy hearing is on 10/17.

When I filed the paperwork, I did not go to the sheriff to deliver the summons; I had it sent via certified mail.

September 13th, I got to court and my tenant didn't show up. Judge states that because I didn't go to the sheriff to deliver the summons, I'd basically have to start my lawsuit over all over again. I re-filed the paperwork on September 13th. October 4th, I get an Automatic Stay notice from her lawyer. October 11 (tomorrow), we have court.

My main concern is that I re-filed my lawsuit after I got a notice that she filed for bankruptcy (but before the automatic stay notice). Is re-filing considered an attempt collect? Could I get in trouble for that? Note, my original filing was done BEFORE I got a bankruptcy notice. At this point, I'm not concerned about collecting a dime; I just want her out of my property. Also, what should I expect in the bankruptcy hearing? Am I going to have to give my tenant her security deposit back?

I've lost so much money and the threat of losing more (or paying more to not lose more) is killing me...

Any help is appreciated,

Jay


Asked on 10/10/12, 9:12 pm

1 Answer from Attorneys
Stephen Messutta

1. You must stop until the bankruptcy court let's you proceed.

2. The tenant must pay rent due after the filing and if not you can ask the court to "lift" the automatic stay and proceed to evict.

3. Rent is an administrative claim.

4. The security deposit is treated like any security and that's good for you.

5. You still need to file a proof of claim too.

You sound like you will need an attorney's help. Hire one.

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Answered on 10/10/12, 10:04 pm


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