What can I do if the landlord violated the automatic stay? 11 Answers as of May 15, 2013

She received possession and judgement today after I filed for bankruptcy under my fiancé’s name but both of our names are on the lease.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Did you or your fiance make arrangements to catch up on unpaid rent within 60 days after filing the bankruptcy? If not, there is nothing in the Automatic Stay statute which keeps the landlord from evicting you. Consult a skilled bankruptcy lawyer.
Answer Applies to: Wisconsin
Replied: 5/15/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
A bankruptcy litigator will be able to file an action in bankruptcy court to impose a financial penalty upon the landlord for violating the bankruptcy "automatic stay."
Answer Applies to: Nevada
Replied: 5/8/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
How can you file for bankruptcy under someones name???? If he filed, then there was a stay violation. You should see a lawyer about this.
Answer Applies to: California
Replied: 5/7/2013
Moore Taylor Law Firm, P.A.
Moore Taylor Law Firm, P.A. | Jane Downey
I'm hoping your fiance filed her own bankruptcy case instead of you filing it for her.
Answer Applies to: South Carolina
Replied: 5/9/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Then you have to file in federal court for an automatic stay violation.
Answer Applies to: New York
Replied: 5/8/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your fiance should contact his or her lawyer immediately. If there is no attorney then the questions become whether the notice to the landlord was made properly, when the case was filed relative to the landlord's actions, and whether the landlord could have proceeded against you as the co-lessee in spite if the bankruptcy filing. Your fiance should retain a lawyer if that has not been done already.
    Answer Applies to: Colorado
    Replied: 5/8/2013
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    The landlord has violated the automatic stay. You should make sure the landlord is aware of your bankruptcy, and ask him to withdraw his judgment. If he does not, file an action against him in the bankruptcy court.
    Answer Applies to: Idaho
    Replied: 5/8/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    If a party-in-interest has violated the automatic stay, the appropriate response is a motion to hold that party in contempt for violating the automatic stay without receiving the prior relief from the automatic stay from the bankruptcy court.
    Answer Applies to: Massachusetts
    Replied: 5/8/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Advise your attorney, but the Landlord can proceed against your significant other if they have not filed.
    Answer Applies to: New Jersey
    Replied: 5/8/2013
    Robert Russell Law Group
    Robert Russell Law Group | Robert Russell
    You can file a lawsuit for damages. Also, I'd suggest that the writ of restitution is void. NOTE: This response does not constitute legal advice or create an attorney-client relationship. Please seek legal advice from your counsel to see how the law applies to your particular facts.
    Answer Applies to: Washington
    Replied: 5/8/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You need to see an attorney. You cannot file bankruptcy under your fiance's name.
    Answer Applies to: California
    Replied: 5/7/2013
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