Even though you filed eviction papers prior to him filing for Chapter 13, once he files that issues a "Stay" on all activity.
He WILL be required to continue to make his monthly rent payments ON TIME. However, the Chapter 13 Trustee will have to come up with a payment plan for him to pay the back rent. (keep in mind that in Chapter 13 the amount owed for unsecured debt is normally reduced to about .15 cents on the dollar).
Check wtih an attorney, because I do know that when someone files Chapter 13 and are given a chance to repay their debts the court and trustee tend to be VERY strict regarding current/timely payments, so if they are late on a rental payment you will have immediate recourse.
Hello, whatever happened to the eviction process and how did it all turn out?
I have been follwoing your post and am learning a lot from your experiences. I hope it never happens to you again or to any investor as it must be very stressful and fustrating.
Thanks,
Do REAttorneys generally give advise over the phone or should I sit down and dicuss the options in person?
Go discuss the situation with a real estate attorney in person.
Even though you filed eviction papers prior to him filing for Chapter 13, once he files that issues a "Stay" on all activity.
He WILL be required to continue to make his monthly rent payments ON TIME. However, the Chapter 13 Trustee will have to come up with a payment plan for him to pay the back rent. (keep in mind that in Chapter 13 the amount owed for unsecured debt is normally reduced to about .15 cents on the dollar).
Check wtih an attorney, because I do know that when someone files Chapter 13 and are given a chance to repay their debts the court and trustee tend to be VERY strict regarding current/timely payments, so if they are late on a rental payment you will have immediate recourse.
Hello, whatever happened to the eviction process and how did it all turn out?
I have been follwoing your post and am learning a lot from your experiences. I hope it never happens to you again or to any investor as it must be very stressful and fustrating.