Does the filing of a chapter 7 bankruptcy automatically stay an eviction? 8 Answers as of June 11, 2013

Does the filing of a chapter 7 bankruptcy automatically stay a post-foreclosure eviction if the lender has obtained a writ of possession?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, but not for long. So you better start packing, which is better than being locked out by the sheriff.
Answer Applies to: California
Replied: 4/27/2011
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
Yes.
Answer Applies to: Florida
Replied: 6/11/2013
Saedi Law Group
Saedi Law Group | Lorena Saedi
In my experience if a writ of possession has been obtained and you file for bankruptcy the creditor will simply apply to the bankruptcy court for permission to proceed. You will have bought some time (maybe a few weeks) but inevitably the creditor will be able to evict you.
Answer Applies to: Georgia
Replied: 4/27/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If the tenancy has terminated as a matter of law (state law usually), then filing bankruptcy technically would not stay an eviction. As a practical matter, however, most landlords will seek permission from the bankruptcy court, via a "Motion for Relief from the automatic stay" to continue with the eviction process.
Answer Applies to: California
Replied: 4/26/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It should, temporarily, but ultimately, you will have to make good on the outstanding obligation or move.
Answer Applies to: California
Replied: 4/26/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A creditor might want to seek a comfort order regarding lifting the automatic stay.
    Answer Applies to: California
    Replied: 4/26/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    It will stay the eviction but only for a short time because the bank will immediately ask the bankruptcy court for relief of stay to proceed with the eviction and at this point all the bank needs to do is to get the Sheriff to execute the order for possession by getting you out of the house on a short notice.
    Answer Applies to: California
    Replied: 4/26/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Generally, yes. We can stop unlawful detainer actions too.
    Answer Applies to: California
    Replied: 4/27/2011
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