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Past due rent posses a pesky problem for debtors filing Chapter 7
bankruptcy, because landlord and tenant rights remain largely unaffected
by the automatic stay. The protection afforded by the stay is temporary
at best, and if rent remains owing, landlords may file a motion to lift
stay and evict. Courts readily grant landlord motions based on
nonpayment of rent. Be aware however, that discrimination based solely
upon filing is not allowed, so that a landlord who refuses to re-let
because of Chapter 7 may be liable for damages under alternate Code
provisions. In practice however, proving sole causation is extremely
difficult.
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