If I just got a notice to vacate from the sheriffs and I started the process for bankruptcy about 2 weeks ago, can bankruptcy buy me more time? 20 Answers as of June 04, 2014

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
No. see 11 USC 362(B)(22).
Answer Applies to: Missouri
Replied: 6/4/2014
Law Offices of Frances Headley | Frances Headley
Yes, you should notify the court and the sheriff that you filed bankruptcy. That filing automatically stays any state court action unless and until the bankruptcy court removes the automatic stay.
Answer Applies to: California
Replied: 5/5/2014
214bankruptcy.com
214bankruptcy.com | Rustin Polk
If your bankruptcy case has already been filed with the court, it could help with the eviction. But if the case has not been filed, and really all you've done is start getting it ready to be filed with the court, that doesn't make any difference to the Sheriff and doesn't change anything regarding your eviction.
Answer Applies to: Texas
Replied: 5/2/2014
Stephens Gourley & Bywater | David A. Stephens
Yes but very little.
Answer Applies to: Nevada
Replied: 5/1/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No, unless you file two months of rent with the bankruptcy court and ask for a hearing. Ask your attorney to explain the procedure for you.
Answer Applies to: Colorado
Replied: 5/1/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    YES.. if you filed for bankruptcy you need to deliver notice of automatic stay to your landlord and to the district court which issued the eviction notice.
    Answer Applies to: Michigan
    Replied: 5/1/2014
    Law Office of Ranj Mohip, LLC
    Law Office of Ranj Mohip, LLC | Ranj Mohip
    Maybe. It would depend on a number of variables including whether you included the house/apartment in your bankruptcy.
    Answer Applies to: Illinois
    Replied: 5/1/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Depending on your jurisdiction, yes it can buy you a little time but you have to actually file to get that time.
    Answer Applies to: California
    Replied: 5/1/2014
    Durham Jones & Pinegar | Erven Nelson
    Yes, but you need to deliver the notice of bankruptcy filing to the landlord and sheriff before the date specified to vacate. Doing so will stop the eviction temporarily, but you will need to start making rent payments.
    Answer Applies to: Nevada
    Replied: 5/1/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Not unless you filed before the judgment.
    Answer Applies to: Connecticut
    Replied: 5/1/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    I would need more information to accurately answer this question. What do you mean "started the process for bankruptcy?".
    Answer Applies to: Nevada
    Replied: 4/30/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Filing bankruptcy may delay the foreclosure sale but it is short term and if you have filed another bk recently then it may not delay it at all.
    Answer Applies to: Indiana
    Replied: 4/30/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    Yes, all legal processes are automatically stayed or stopped by the filing of the bankruptcy.
    Answer Applies to: Minnesota
    Replied: 4/30/2014
    Law Office of Andrellos Mitchell
    Law Office of Andrellos Mitchell | Andrellos Mitchell
    Bankruptcy does not stop all legal action as is often assumed. However, it usually stops debt collection actions such as evictions and foreclosures based on money owed. In any event, "starting the process" is not good enough. You must actually file a Petition with the Bankruptcy Court to benefit from bankruptcy relief.
    Answer Applies to: District of Columbia
    Replied: 4/30/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If you haven't already filed for bankruptcy, there isn't anything you can do. If you've already filed, the automatic stay applies to the eviction but the landlord can get a new eviction order and lift the stay, if you're not paying your rent.
    Answer Applies to: Ohio
    Replied: 4/30/2014
    Hayward, Parker, O'Leary & Pinsky, Esqs.
    Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
    If a Warrant of Eviction has been issued by the local court before the bankruptcy is filed the automatic stay will not stop or slow down the eviction process. Get your bankruptcy filed before the Warrant of eviction is issued by the Court.
    Answer Applies to: New York
    Replied: 4/30/2014
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If the judgment to vacate was issued before you filed for bankruptcy, no, bankruptcy won't buy you more time. If the judgment was issued after the filing of bankruptcy, yes it could buy you a little bit of time, until the landlord obtains an order of relief from the court.
    Answer Applies to: Florida
    Replied: 4/30/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    It might. Make sure notice of the bankruptcy is given to the Sheriff's office. Whomever obtained the eviction order has rights within the bankruptcy system to set aside the bankruptcy stay order and proceed with the eviction. The stay order is automatic but notice must be given. Setting the stay aside is not automatic. It requires an order from the bankruptcy judge.
    Answer Applies to: California
    Replied: 4/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    A little, but if the landlord goes to bankruptcy court and gets the stay lifted, you will have to bring him current or he will still have you evicted.
    Answer Applies to: Idaho
    Replied: 4/30/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you file the bankruptcy then it will delay the vacate.
    Answer Applies to: New York
    Replied: 4/30/2014
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