Legal Question in Bankruptcy in Virginia

Collecting Rent arrearages and obtaining possession.

In his plan, I (current landlord) am listed under "Executory Contracts to be Rejected by Debtor". Does this mean I can not receive any past due rent? How do I collect past rents($4,800.00) AND get possession of my home from the debtor? Also, how do I recover any damages to the home?

Thank You!


Asked on 3/05/98, 8:53 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Bankrupt tenant

How do you get permission to evict the tenant?You file a motion for relief from the automatic stay in the bankruptcy court if a call to the debtor's counsel does not securean agreement to move out. DO NOT CONTACT THEDEBTOR. You will most likely need a lawyerto file for relief from the stay.

How do you collect the back rent? You mostlikely don't. You file a proof of claim, andyou may get paid a portion of the amount due.

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Answered on 3/05/98, 8:16 pm


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