Legal Question in Bankruptcy in Nevada
In NV when a renter files bankruptcy and is 3 months behind in rent can you evict for non payment or for breaking the lease when they have a dog without permission?
Asked on 8/24/09, 9:12 am
1 Answer from Attorneys
You must obtain permission from the Bankruptcy Court to proceed with an eviction. Most civil legal proceedings are "stayed" or injoined when a Bankruptcy is filed. Take a look at 11 USC section 362 for details. There is an exception for landlords under subsection (b)(10) which does not apply to your situation because it addresses nonresidential property only (such as business premises) where the lease expired BEFORE the Bankruptcy was filed.
As this is a complicated matter, you should seek the help of an attorney representing creditors to resolve this problem.
Answered on 8/30/09, 5:57 pm
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