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Updated over 4 years ago on . Most recent reply

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Kris White
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Bankruptcy, COVID, Evictions...O my

Kris White
Posted

Currently the owner of residential property in Indiana. Tenants are habitually delinquent and have acquired a pet without prior approval. I was planning on terminating the lease after another delinquent payment in March, termination notice typed up and all, but then COVID-19 struck and Indiana put a moratorium on evictions and foreclosures. Despite the governor explicitly stating that rent was still owed, the following month I did not receive payment at all and even offered assistance due to the pandemic but the tenant declined. They then proceeded to file a Chapter 13 bankruptcy, initially stating they would pay, then amended and stated the trustee would pay. The trustee is now requesting additional information on the property as if it is to be used in collateral for their bankruptcy. Am I obligated to provide this information? What actions can I take since there is a "pause" on evictions? Also wondering if habitually late payments, no contact, no attempt to cure debt or provide a resolution, denial of entry for yearly inspection, proof of abuse of bankruptcy are all grounds to file a petition for immediate possession? Since the lease was already void prior to them filing for bankruptcy am I bound by the motion of stay?

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