If a renter files chapter 7 bankruptcy & quits paying rent AFTER the creditor meeting, how long is the automatic stay in effect?

Asked over 1 year ago - Saint Paul, MN

I have a renter who filed chapter 7 at the end of December. The creditor meeting was in mid-February, he was current on his rent at that time. After the creditor hearing he has not been paying rent. I could file a motion to have the automatic stay lifted, but I don't want to do that if the stay is soon no longer in effect. 1) When can I contact this renter about his rent that he has not been paying post-banko? 2) When am I able to start eviction proceedings? Again, I realize I can do this if I file a motion to lift the stay, but I don't want to pay the fee and do the paperwork if it's not necessary.

Attorney answers (3)

  1. Andrew Thompson

    Contributor Level 9

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    Lawyers agree

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    Answered . In Minnesota, the automatic stay is lifted once the debtor is granted or denied a discharge. Like the other posters have pointed out, the time frame for this is hard to pinpoint since so many factors can go into granting/denying a discharge. I hope you find this helpful!

    Andrew C. Thompson, Attorney at Law, 1539 Grand Avenue, St. Paul, MN 55105, (651) 698-2181, athompson@tl-attorneys.... more
  2. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . The bankruptcy stay lifts as to the debtor upon entry of the discharge. When the discharge will be entered is anyones guess. In Nevada, it is 60 days after the 341 meeting concludes, but in other places, the discharge can be delayed for years. Hope this perspective helps!

  3. Jeffrey Scott Hyslip

    Pro

    Contributor Level 13

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    Lawyer agrees

    Answered . Hello - thanks for visiting avvo.com. The majority of the attorneys on here are consumer attorneys and those that label themselves as "debt collection attorneys" in fact, generally, sue debt collectors for breaking the law. As such, do not take the lack of answers here and interpret it as being ignored. It's unlikely you will find a creditors rights attorney on avvo. To find a creditors rights attorney you may want to search for one in your area on an alternative site. Good luck!

    I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not... more
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