If I rent can the sheriff still remove me if I have filed chapter 7? 11 Answers as of December 04, 2013

If I show them the certified paper from bankruptcy court, will they know the law?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You cannot be evicted unless the landlord obtained "relief from the automatic stay" from the bankruptcy court. It is fairly easy for them to do this if they know what they are doing.
Answer Applies to: California
Replied: 12/4/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
The Sheriff should understand. If a warrant was issued before you filed there is no stay without a deposit of money with the Clerk of the Bkry Court.
Answer Applies to: New York
Replied: 11/27/2013
Stephens Gourley & Bywater | David A. Stephens
He can if the automatic stay is lifted.
Answer Applies to: Nevada
Replied: 11/27/2013
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
If you are not current with your rent then they can evict you. The question is how long are you protected before they may do so. If they have the order for eviction they may do so immediately. The bk does not protect you.
Answer Applies to: Nevada
Replied: 11/27/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, they will know the law if you have a case number.
Answer Applies to: New York
Replied: 11/25/2013
    DUSTIN DEISSNER
    DUSTIN DEISSNER | DUSTIN DEISSNER
    Sorry, bankruptcy won't prevent eviction if the landlord got the order before you filed.
    Answer Applies to: Washington
    Replied: 11/25/2013
    OlsenDaines, PC
    OlsenDaines, PC | Kristoffer Sperry
    In most situations a chapter 7 filing does not prevent a landlord from evicting you if you're behind on rent. A chapter 7 does not permit a landlord to evict you if you are current.
    Answer Applies to: Idaho
    Replied: 11/25/2013
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    If your landlord served you with a three-day notice before you filed for bankruptcy, the landlord is allowed to complete the eviction. If you filed before a three day notice was posted and/or served, the automatic stay applies. See In re Smith for more information.
    Answer Applies to: California
    Replied: 11/25/2013
    MatthewR. Schutz, Esq | Matthew R. Schutz
    If there is a stay in place, they should recognize it.
    Answer Applies to: New Jersey
    Replied: 11/25/2013
    Law Office of James A. Anton | James Anton
    The bankruptcy will generally stop the immediate eviction. The landlord must then obtain an order from the BK court to seek permission to evict (Relief from Stay). When the order is obtained then the landlord can continue with the eviction.
    Answer Applies to: California
    Replied: 11/25/2013
    Scott Goldstein | Scott Goldstein
    If the stay has terminated due to non-payment of rent, yes he can.
    Answer Applies to: New Jersey
    Replied: 11/25/2013
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