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

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 I could file a motion to have the automatic stay lifted, but I don't want to do that if the stay is soon no longer in effect. 1) When can I contact this renter about his rent that he has not been paying post-banko? 2) When am I able to start eviction proceedings?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.

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Hello - thanks for visiting 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 answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.

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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!

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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, I am providing this information solely for informational purposes. The information you obtain at this site is not, nor is it intended to be, legal advice. Nothing transmitted in this posting establishes an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. You are welcome to contact me personally in anyway. However, such contact does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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