Legal Question in Bankruptcy in Virginia
I have a court day coming next week. I am a landlord evicting a tenant who did not pay me a month of rent $1143. I am asking for writ of possession and payment of the unpaid rent. I want to know about the bankruptcy law if the tenant files for one and legal consequences or outcomes arising from that issue and what should I expect from my tenant bankruptcy claim and are the courses of actions I should take to evict and get a writ of possession and how long the process may take and also what kind of monetary expenses I should expect ?
3 Answers from Attorneys
I have a court day coming next week Filing for bankruptcy will stay the lawsuit.
A bankruptcy filing stops all collection activity until the bancruptcy is over, and if it is a Chapter 7 bankrutcy, will wipe the tenant's slate clean of personal responsibility for the unpaid rent.
If the tenant files for bankruptcy before you get your judgment then the bankrutpcy stay is in effect which means that you will need to file a Motion for Relief from the Automatic Stay with the bankruptcy court before you can go back to state court and get yoru judgment for possession. Meaning, you have to ask the bankruptcy court for permission to pursue the tenant. Of course, if it is your typical chapter 7 no asset case, then the most you can hope for is possession of the premises. You will not however be able to recover against the tenant for the rent owed.
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