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Relief From Tenant's Bankruptcy Stay


Product Description

We can represent you in Federal bankruptcy court to get relief from the automatic bankruptcy stay.  The stay prohibits you from filing an eviction or attempting to collect past due rent, unless you do it with the permission of the bankruptcy court.  If you are an Arizona commercial landlord, the automatic stay bars you from locking the tenant out of the property unless you get relief from the stay.

For more information about options available to landlord's with tenants in bankruptcy follow this link.   

Fees For Relief From Stay Engagements

If your tenant has filed a Chapter 7, or Chapter 13 bankruptcy the fixed fee to obtain relief from the stay is $650. This is the only fee in most Chapter 7 or Chapter 13 cases.  If the matter is set for an evidentiary hearing, the you will be billed on an hourly fee basis for preparation for the hearing and representation at the hearing.  The vast majority of motions for relief from the automatic stay in Chapters 7 and 13 cases are resolved without an evidentiary hearing. We can advise you up front, whether or not your matter is of the type which might get set for hearing.

If your tenant has filed a Chapter 11 bankruptcy, the advance fee is $750 and all legal work on the matter will be billed at an hourly rate.  The amount of legal work required to resolve a Chapter 11 case is variable.  It depends on whether or not the client wants to work with the debtor during the reorganization, or seek relief from the stay.

How to Retain Us to Represent you in bankruptcy court

Please read the terms of engagement below.  If they are acceptable, click on the "Add to Cart" button above.  After check out we will send you an email with instructions on how to get your documents to us and on how the matter will proceed.  The engagement describes exactly what we will do for you.  

We Need the Documents

We need a copy of any contract or lease you have with the debtor, a copy of the bankruptcy notice you received from the bankruptcy court or the debtor's attorney and any other documents relating to the matter. We prefer a PDF copy Emailed to our office.  You may also fax the documents to our office or put them in the U.S. Mail.  Our instruction email will provide you with the necessary addresses.  

Terms of Engagement

You are engaging the Keyt Law Office to attempt to obtain relief from the automatic bankruptcy stay.  We will first attempt to negotiate an agreement with the debtor, or debtor's attorney, to stipulate to relief from the stay.  If we are unable to reach an agreement with the debtor, we will prepare a motion for relief from the stay and file the motion in Federal Bankruptcy Court on your behalf.  We will appear for any required hearings in the bankruptcy court.

 If the debtor has filed a Chapter 7 or Chapter 13 petition, we require a fixed fee of $650. If the bankruptcy court sets the case for an evidentiary hearing, preparation and presentation of evidence at the evidentiary hearing will be billed at the rate of $275.00 per hour.  If the debtor has filed a Chapter 11 reorganization petition, we require an advance fee of $750.  For this type of matter, we bill at an hourly rate of $275 until the matter is resolved; there is no fixed fee.  The advance fee is considered earned upon receipt.  

If the motion for relief from stay is granted by the bankruptcy court, you can then bring an eviction lawsuit to recover possession of your property. If you would like us to prosecute your eviction, a separate engagement agreement is required for that work.

If the terms of engagement are acceptable, please click on the "Add to Cart" button above.  

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