PRACTICAL TAKEAWAYS
• Stop and assess. Once you learn of a filing, halt eviction, and collection activity to avoid stay violations. • Check for an exception first. If you already hold a pre-petition possession judgment on a residential unit, you may be able to proceed without a court order. • Move for relief where needed. Nonpayment and mounting arrears are classic “cause,” and lack of equity plus a Chapter 7 liquidation strengthens the case to lift the stay. See In re Benton, 662 B.R. 517 (Bankr. S.D.N.Y. 2024). • Insist on post-filing rent. Especially for commercial space, the tenant must keep paying while deciding whether to assume the lease. • Retain counsel early. Deadlines, certifications, and chapter-specific rules move quickly, and missteps carry real consequences.
A TENANT’S BANKRUPTCY RESHUFFLES THE TIMING AND THE FORUM, BUT IT RARELY ENDS A LANDLORD’S RIGHTS.
A tenant’s bankruptcy reshuffles the timing and the forum, but it rarely ends a landlord’s rights. Understanding the Bankruptcy Code turns an intimidating filing into a manageable process.
ROBERT FRIEDMAN Senior Partner Friedman & Ranzenhofer, PC WNY-Lawyers.com
Attorney Robert Friedman has represented landlords for over 46 years. He is the author of How to Survive Legally as a Landlord and The Upstart Small Business Legal Guide. He was a real estate law columnist for the Buffalo News and Courier Express . He frequently lectures for AAOA and other real estate investor/landlord groups. Friedman & Ranzenhofer, PC are Approved AAOA Eviction Attorneys with offices throughout New York state.
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