Legal Question in Landlord & Tenant Law in New Jersey

I am in NJ, my tenant has just filed for bankruptcy using a bankruptcy lawyer. Their next payment is due in 5 days, am I able to file for a life in the automatic stay with the federal bankruptcy court in NJ based on nonpayment of rent AFTER filing the bankruptcy ?


Asked on 10/14/14, 1:42 pm

2 Answers from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Yes you can file a motion to vacate the automatic stay once the tenant misses a post petition rent payment... we do it all the time.

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Answered on 10/14/14, 1:49 pm
Matthew Schutz Matthew R. Schutz, Esq.

The tenant must keep current after filing. Of the tenant does not, a motion to lift the stay is appropriate.

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Answered on 10/14/14, 8:15 pm


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