Legal Question in Real Estate Law in Utah

landlord filed bankrupcy and our house is an asset for her.

We are tenants of a home that is involved in a bankrucpy filed by the landlord. This home serves as an asset for her. A realtor has came over for an apraisal. What are our rights?


Asked on 2/27/01, 1:23 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: landlord filed bankrupcy and our house is an asset for her.

If you have a signed lease you are generally entitled to remain in the house for the period of the lease. If the house will be sold as part of the bankruptcy estate the new owner may attempt to evict you - then the terms of your lease will be very important.

You must continue to make your payments - probably to the bankruptcy trustee. If you fail to make your payments then you can be evicted and may suffer a judgment to the bankruptcy court for the deficiency.

The realtor's appraisal is being used to value the asset for the bankruptcy. If the landlord filed Chpater 7 the house will probably be sold. If the landlord filed for Chapter 13, she will probably retain the house and request that the payments go to her. You should talk to the bankruptcy trustee to make sure where your payments should go.

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Answered on 4/24/01, 11:03 am


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