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04/18/2018

Tenant bankruptcy

A Storage Place - Jerry

An informative discussion would be one concerning tenant bankruptcy. We have a bankrupt tenant whose contact information leads nowhere. We do not know who their attorney is (although we are trying to find out), and a hefty bill has been run up. What is the actual NC law when it comes to bankrupt self storage tenants?

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3 Comments

Barbara Hancock on Thursday 04/19/2018 at 03:09PM wrote:

You should have received notice of the bankruptcy from the bankruptcy court where the case is assigned. That would have all the information you need as far as who to contact concerning the status of the filing. It has been my experience upon calling the clerk's office that the filing has been dismissed in most cases. In that case the bankruptcy is essentially voided and the tenant may start proceedings again. In the meantime I would proceed with the lien process.

Jerry B. on Monday 05/07/2018 at 12:22PM wrote:

In our case, the bankruptcy has not been dismissed. Is the tenant protected from auction proceedings during bankruptcy?

Barbara Hancock on Monday 05/07/2018 at 02:10PM wrote:

Yes. You may not auction the unit and you are restricted from contacting the tenant to try and collect.

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