Legal Question in Landlord & Tenant Law in Georgia

I have a commercial building with a tenant that I started an eviction on. He declared bankruptcy a few days later, so I understand there is a stay on the eviction now. I know I need to get it lifted, but it will take quite a long time and more money and it's unclear the court will do this for me. However, he has not paid rent for the month after he has declared bankruptcy. Can I start a new eviction on this new debt and get around the stay that way?


Asked on 11/06/14, 1:35 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You really don't have a choice but to see a bankruptcy lawyer. Based on your post, you have a good chance at getting the stay lifted but the more you delay or try to d it yourself the longer it takes to get rent from the next tenant. No you can't start eviction while the stay is in effect.

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Answered on 11/06/14, 3:23 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Since you filed the eviction before the bankruptcy filing, you should be able to proceed with the eviction.

www.macgregorlyon.com

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Answered on 11/07/14, 3:52 am


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