Legal Question in Civil Litigation in Texas

forced to pay an avoidable tax

My daughter has a house that she rented to a person on a month to month basis. This was her first house she owned and then she bought another one and moved into it, from that point in time she certain amount of time to sell the first house and move the equity into her second house without paying a capital gain tax. When it came time to sell the so as to avoid the tax the renter was given proper notice to vacate the house. He filed for bankruptcy and listed her as a creditor which he was not as the rent was paid all he had to do was move out. The court stayed the eviction and my daughter had to hire a lawyer to get the stay lifted which he did .All this takes time which pushed the closing past the dead line to avoid the capital gains tax. This, with the cost to get the stay lifted comes to about $10,000.

Is there a legal theory that would support an action against the renter to recover the monies lost

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