Can a bankruptcy stop or delay an eviction? 10 Answers as of January 18, 2013

Can a bankruptcy stop or delay an eviction if a writ of possession has already been served?

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Depends. Is it a foreclosure or residential lease? is it commercial property?. do you have money to post a bond? Your time is limited, you need to speak to a local attorney ASAP.
Answer Applies to: Missouri
Replied: 12/15/2010
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
1. If the lease has expired, the automatic stay does not stop the eviction. [Sec. 362(b)(10)]
2. If the writ of possession has been entered in the state court BEFORE the bankruptcy is filed, the automatic stay will not stop eviction. [Sec.362(b)(22)]
3. Under some State laws, you may be able to delay the eviction for 30 days, provided you comply with the requirements of Sec. 362(l).
Answer Applies to: Illinois
Replied: 12/9/2010
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Before the final order from the court on the writ of possession, a BK can delay an eviction (but not for too long).
Answer Applies to: California
Replied: 12/9/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, but the process has been streamlined so you can still be evicted shortly after you file. It might get you a month or so more in the property if there is no judgment at the time you file your bankruptcy.
Answer Applies to: California
Replied: 12/9/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No, a bankruptcy cannot stop an eviction.
Answer Applies to: Tennessee
Replied: 12/9/2010
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    To be honest, not really. Sometimes it delays it because the the landlord dose not know how to get relief in the bankruptcy court. If the landlord has a lawyer that know what they are doing they can get relief from the bankruptcy court in matter of days.
    Answer Applies to: California
    Replied: 12/8/2010
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Yes it can delay an eviction but not stop it. The landlord would have to file a motion to lift the stay and once the order is entered, the eviction would proceed from the point that it was stopped by the filing of the Bankruptcy proceeding.
    Answer Applies to: Arizona
    Replied: 12/8/2010
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you are behind in rent, but the landlord has not yet gotten an eviction order from the court, then the automatic stay that results from filing for bankruptcy will stop the eviction, unless the landlord successfully files a motion with the bankruptcy court to lift the automatic stay. However, once the bankruptcy petition is filed, you will have to stay current with rent payments; otherwise, the landlord can evict you, because the automatic stay does not affect any debts incurred after the filing. But even if you stay current with rent payments, some states will allow a landlord to evict you, anyway, although your back rent may still be discharged.
    Answer Applies to: California
    Replied: 12/8/2010
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    If you are the person renting, no.
    Answer Applies to: New Hampshire
    Replied: 12/8/2010
    Henry, DeGraaff & McCormick, P.S. | Jacob DeGraaff
    Technically, yes, bankruptcy filing can temporarily stop an eviction. However, the delay is not really worth the expense, since you just spent money that you could have spent on catching up rent on your bankruptcy instead. If you want to stay in the leased property, you will soon need to catch up on past rent.
    Answer Applies to: Washington
    Replied: 1/18/2013
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