Can a bankruptcy stop or delay an eviction if a writ of possession has already been served? 7 Answers as of June 10, 2013

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

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
BAPCPA added two additional exceptions to the automatic stay provisions concerning landlords seeking to evict tenants. 1) Any eviction proceeding in which the landlord obtained a jmt of possession prior to the filing of the BK petition may be continued; or 2) Eviction proceedings filed after BK proceedings are exempt if it involves evicting the tenant on the basis of using illegal substances or "endangerment" of the property.
Answer Applies to: Washington
Replied: 5/16/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Yes.
Answer Applies to: California
Replied: 6/10/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Not really. The creditor can quickly get relief from the automatic stay.
Answer Applies to: California
Replied: 5/13/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
There is an automatic stay upon filing a bankruptcy. There is no automatic stay when there is a non-residential, that is, commercial eviction.
Answer Applies to: California
Replied: 5/13/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Legally, no. In practice, it will usually delay it for a short while until the landlord gets permission from the bankruptcy court (albeit unnecessarily) to proceed.
Answer Applies to: California
Replied: 5/12/2011
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