[WSBARP] Chapter 13 Bankruptcy & Residential Eviction

[Kathryn R. McKinley]

Jan:

Any action on the lease is subject to the automatic stay. In a Chapter 13, the trustee must assume or reject a residential lease before confirmation of the plan. But, the landlord can file a motion asking the court to order the trustee to make that decision within a specific period of time. If the lease is assumed, any arrearages must be cured. You should review 11 USC § 365.

Kathryn R. McKinley
[PHEmailLogo]
717 W Sprague Ave. Ste 1200
Spokane, WA 99201
509.455.6017
kathryn.mckinley at painehamblen.com<mailto:cindy.bryan at painehamblen.com>
My regular office hours are Monday through Thursday, 8 am to 5 pm.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jan Kelly
Sent: Monday, January 16, 2017 5:10 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Chapter 13 Bankruptcy & Residential Eviction

I have a PC who leased a residence to a couple. They are past-due on their rent by 2 months. Landlord sent a 5-day notice to tenant for default. Tenant filed a Chapter 13 Bankruptcy, and landlord received Cease and Desist re eviction process.

The lease agreement ends on February 28, 2017, but unless terminated with 30 days prior notice, it continues on a month-to-month basis.

My question is whether they can proceed with notice of intent to terminate the lease, or if that is also stayed per Section 362.

Thank you in advance.

--

Jan Kelly, JD/MBA
Attorney at Law

Direct Line (702) 338-6733<tel:%28702%29%20338-6733>

Facsimile (360) 779-2265<tel:%28360%29%20779-2265>

Licensed in Nevada and Washington.

27271 Big Valley Road NE
Poulsbo, WA 98370

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