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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I need to file for Bankruptcy in NYC. My landlord has a judgement

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I need to file for Bankruptcy in NYC. My landlord has a judgement against me for non-payment of rent. I owe 8 months worth of rent ($8,900.00), I have more than $3,000.00 that I can pay now, and I make enough to be able to pay the back rent within 30 days. Will Bankruptcy stop the eviction?
Hello,

The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. Once a bankruptcy has been filed all collection action must cease.

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

Thus, the bankruptcy would typically buy you at least 30 days
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience: Bankruptcy Lawyer. Experienced.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.

I have seen this statement in some web postings, and need to know if New York is one of the "exception states"?

 

'New bankruptcy law vs. prior law. Under prior law, tenants could stave-off eviction by invoking bankruptcy's "automatic stay" with a last-minute bankruptcy filing. Under the new bankruptcy law, in this situation landlords can usually proceed with the eviction without having to ask a judge to lift the automatic stay.

Exception in some states. In a few states, and only in evictions based on nonpayment of rent, and in very narrow circumstances, a tenant can stop an eviction at the last minute by filing for bankruptcy -- if the tenant files a certification and pays back rent and forward rent. As the landlord, if you file an objection to the tenant's certification right away, you'll get a hearing in the bankruptcy court. If you convince the judge that the tenant's certification is not true, the court will lift the stay and you can proceed to evict the tenant.'

 

not sure -- I will open your question to another expert
Customer: replied 7 years ago.
Thanks. For me, this is a critical part of the question, as I need to save my apartment of 15+yrs. I am only behind in my rent & bills because I used $7,000 to keep my Mom from being evicted from her apartment earlier several months ago - after she was a victim of fraudulent bank account access! I have not been able to quite catch up yet!
Customer: replied 7 years ago.

I replied:

I have seen this statement in some web postings, and need to know if New York is one of the "exception states"?

 

'New bankruptcy law vs. prior law. Under prior law, tenants could stave-off eviction by invoking bankruptcy's "automatic stay" with a last-minute bankruptcy filing. Under the new bankruptcy law, in this situation landlords can usually proceed with the eviction without having to ask a judge to lift the automatic stay.

Exception in some states. In a few states, and only in evictions based on nonpayment of rent, and in very narrow circumstances, a tenant can stop an eviction at the last minute by filing for bankruptcy -- if the tenant files a certification and pays back rent and forward rent. As the landlord, if you file an objection to the tenant's certification right away, you'll get a hearing in the bankruptcy court. If you convince the judge that the tenant's certification is not true, the court will lift the stay and you can proceed to evict the tenant.'

 

The EXPERT ANSWERED:

not sure -- I will open your question to another expert

 

I replied:

Thanks. For me, this is a critical part of the question, as I need to save my apartment of 15+yrs. I am only behind in my rent & bills because I used $7,000 to keep my Mom from being evicted from her apartment earlier several months ago - after she was a victim of fraudulent bank account access! I have not been able to quite catch up yet!

 

And I am still waiting for an answer! I thought that I was supposed to "Accept" after I got the complete answer. I will click on "Accept" now!

 

In NY if you file a chapter 7 or chapter 13, it would stop the eviction, however you will have to show the court you have then next months rent in order to continue to stay in the premises.

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