My tenant may file bankruptcy.....

[JR C.]

Before I start, I do have an attorney and will absolutely follow his advise, but in the meantime, I would like to hear all the opinions I can on this issue fro the vast experience on this forum.

I have a property that was a husband and wife with three children, The lease was set to expire on July 31st 2016. The husband left the wife and kids and she became habitually late each month on her rent. Since they are both on the lease, he asked to be released. I rejected his request. After speaking to the wife, she said she really couldn't afford the place so I offered he an early release from the lease (husband too) and she agreed. They both signed an early release form for the lease to now end on May 31st.

The wife now has a boyfriend who I suspect is giving her advise on how to scam me. She mentioned to me she may file for bankruptcy. I understand the idea of bankruptcy and the automatic stay provision if they are tenants. Now, here we are a week away from the new expiration date and she will not answer my calls or texts. The husband is also ignoring me. I am calling them both trying to set up a walk through time. I also drove by the property and rang the doorbell several times but she didn't answer. The cars were both there so I know someone was home. I looked in the window and didn't see any evidence of moving in process either.

My questions...... if she files for bankruptcy, will that over ride the lease termination date? Does it matter if she files before or after the expiration date? She and the husband are in process of getting a divorce so I imagine the bankruptcy would be just her? How would that affect the husband? Will I have to allow her to stay after the lease is terminated even though they both signed an agreement several weeks ago where I stated my position that I was NOT renewing the lease?

Any knowledge on this matter is appreciated. Thank you.