[WSBARP] Bankruptcy & Post-Petition Lease

[Paul]

Anyone?  Can I safely evict a tenant for what I believe is a post-bankruptcy petition commercial lease?

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul
Sent: Monday, November 7, 2016 1:03 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Bankruptcy & Post-Petition Lease

Person files for Chapter 11 in May 2015 and then converts to a Chapter 7 Asset Case in March of 2016.  In the meantime, the person leases a commercial space from my client in November 2015 (which is post-petition).  The Person/Tenant is now in default of the lease for many months.  Not knowing about the bankruptcy, I had the Person/Tenant served (but not filed yet) with a summons and complaint and the Person/Tenant just hand-delivered to me a letter saying he's moving out and that he's in bankruptcy.  Ok, so normally, if Tenant doesn't move out as promised, I'd bring a motion for order to show cause hearing (because I can't take a default because the Tenant "answered").

So, Bankruptcy Gurus, (1) what is the impact of trying to enforce (or evict under) a post-petition lease?  Am I able to file the UD Complaint and proceed as normal or what?  (2) Knowing there is a bankruptcy filing, is there any kind of filing (Proof of Claim??) my client can make in the bankruptcy case (is this an administrative expense?)  in order to get paid rent for the post-petition lease (3)  If this is a post-petition lease/debt and Tenant delivers possession of the premises to the landlord, is it a violation of the bankruptcy stay to bring a collection action in civil court for the past rent.

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