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Automatic Stay Rent Disruption Calculator
Tenant bankruptcy triggers automatic stay that delays eviction and blocks rent collection.
Total disruption cost
$28,200
Lost rent
$16,200
Partial recovery
$1,800
How the math works
Lost rent = months × rent × (1 − recovery). Total = lost rent + legal.
$4,500 × 4 = $18k × (1−10%) = $16.2k lost + $12k legal = $28,200 total disruption.
How to Use
- Enter monthly rent.
- Enter stay duration months.
- Enter legal fee for stay relief motion.
- Enter final collection recovery %.
- Read total disruption cost.
Frequently Asked Questions
What is the automatic stay?
Section 362 of the Bankruptcy Code imposes an automatic stay upon filing, halting all collection, foreclosure, and eviction actions against the debtor. For commercial landlord: tenant's bankruptcy filing stops ongoing eviction; must file motion for relief from stay in bankruptcy court to proceed. Typical motion: 30-60 days to hearing, 60-90 days to ruling. Delay compounds: rent accrues but collection blocked.
Commercial tenant specifics?
Debtor-tenant has 120 days to assume or reject non-residential real property lease (extendable once by 90 days with cause). During this period: tenant must pay 'timely performance' of post-petition rent. Pre-petition rent: unsecured claim, typical recovery 5-20%. If lease rejected: tenant vacates, pre-petition rent becomes damages claim (capped under Sec 502(b)(6)).
Residential tenant specifics?
Residential eviction complicated by tenant protections. Pre-petition eviction judgment: lift stay easier (often motion granted in 30-45 days). No pre-petition judgment: lift stay harder, tenant protections add delay. Some states: judicial foreclosure required. Federal law (2005 BAPCPA): tenant must certify 30 days rent paid post-petition or stay automatically lifts.
Practical landlord response?
File motion for relief from stay immediately. Serve all pre-petition default notices via counsel. Document all rent defaults precisely. Secure stay relief within 60-120 days typical. Begin eviction immediately after relief. Expect 2-6 month total delay. Legal cost: $5-25k for motion + eviction complete. Bad debt: 60-100% of unpaid pre-petition rent usually lost.
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