Bankruptcy
Bankruptcy Counsel for Landlords & Creditors
Navigating the automatic stay, protecting landlord interests, and pursuing creditor remedies when a tenant or borrower files for bankruptcy.
The Automatic Stay
What changes the moment a tenant files.
A bankruptcy filing imposes the automatic stay — halting evictions, collection efforts, and most other actions against the debtor. Continuing those actions in violation of the stay carries real penalties.
We move immediately to protect ongoing matters and to position the case for stay relief where appropriate.
Stay Relief
Motions to lift the stay and continue eviction.
When the debtor is not paying post-petition rent, when there is no equity in a property the landlord is foreclosing, or when an exception applies — including the residential eviction exception under § 362(b)(22) — we move for stay relief.
Speed matters. A clean motion filed early often resolves the matter without prolonged bankruptcy litigation.
- § 362(d) motions for relief
- Post-petition rent enforcement
- Residential eviction exception
- Adequate protection negotiation
Proofs of Claim
Filing and protecting claims.
Pre-petition rent, lease rejection damages, and pre-petition judgments are all claims that must be filed and supported. Lease rejection damages are subject to specific caps and computations.
We file proofs of claim correctly and respond to objections so the claim survives.
Adversary & Plan Issues
Defending dischargeability and plan treatment.
When a Chapter 13 plan proposes to cure arrears or assume a lease, we evaluate the plan and object where appropriate. Where conduct supports a non-dischargeability claim, we file the adversary proceeding.
Bankruptcy
Speak with an attorney who handles bankruptcy matters every day.
Frequently Asked
Common questions about bankruptcy.
Have a matter that isn't covered below? Our attorneys are happy to discuss it directly.
Generally no — but exceptions exist, including for residential evictions where a judgment for possession was already entered. The facts control.
Get in touch
When you call, you'll speak with an attorney — not a call center.
Confidential consultations for New Jersey landlords. Tell us about your matter and an attorney will respond directly.