[WSBARP] Chapter 13 Bankruptcy & Residential Eviction

[Jan Kelly]

Thank you!

On Tue, Jan 17, 2017 at 9:19 AM, Kathryn R. McKinley <
Kathryn.McKinley at painehamblen.com> wrote:

> 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*
>
> [image: PHEmailLogo]
> 717 W Sprague Ave. Ste 1200
> Spokane, WA 99201
> 509.455.6017 <(509)%20455-6017>
> kathryn.mckinley at painehamblen.com <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
>
> Facsimile (360) 779-2265
>
> Licensed in Nevada and Washington.
>
> 27271 Big Valley Road NE
> Poulsbo, WA 98370
>
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>
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-- 


*Jan Kelly, JD/MBA*Attorney at Law

JK Law

Direct Line (702) 338-6733

Facsimile (360) 779-2265

Licensed in Nevada and Washington.

27271 Big Valley Road NE
Poulsbo, WA 98370

THIS EMAIL MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND INTENDED ONLY
FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY
CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM
DISCLOSURE UNDER APPLICABLE LAW. Any unauthorized review, use, copying,
disclosure or distribution of any information contained in or attached to
this communication is STRICTLY PROHIBITED. If you have received this
communication in error, or are not the named recipient, please immediately
notify the sender by email by "reply to sender only" and delete this
message and any attached documents from your computer. Receipt by anyone
other than the intended recipient(s) is not a waiver of confidentiality
and/or any legal privilege. Thank you.
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